Divorce Laws in Iowa

Divorce in Iowa: A Comprehensive Guide

If you live in Iowa, you might be familiar with the state’s no-fault divorce laws. This means that it’s not necessary to have a fault ground for obtaining or giving a divorce in Iowa. The petitioner can request for the case anytime and the state follows liberal family court laws.

Interestingly, Iowa has a relatively low divorce rate of 3.2% per 1,000 of the state population, which is lower than many other states. While divorce is the more popular option, annulment is also preferred by some couples for religious, financial, and social reasons. Annulment, however, has strict requirements and is not as easy as divorce.

Divorce Grounds in Iowa

In Iowa, there is only one divorce ground: Irretrievable Breakdown of the Marriage. This means that if the marital relationship has broken down to the point of no return, then you and your spouse can file for divorce.

If you have any questions about divorce grounds in Iowa, it’s best to consult with a professional divorce attorney or divorce lawyer for detailed information.

Divorce Laws in Iowa

Ending a marriage can be one of the most difficult experiences in life, and the legal process can seem daunting. It’s important for couples in Iowa to understand the state’s divorce laws. Let’s explore the basics.

Residency Requirements

Iowa divorce laws require that the plaintiff spouse has been a resident of the state for at least one year prior to filing the case. If this condition is not met, the case will be dismissed.

Documents Required for Filing

In order to file for divorce in Iowa, you will need a few key documents. These include:

• Petition for Dissolution of Marriage
• Decree of Dissolution of Marriage
• Verification
• Marital Settlement Agreement
• Financial Affidavit
• Notice of Final Hearing

Distribution of Property

Iowa divorce laws support an equitable distribution of marital property following the divorce. The court will strive to ensure a fair outcome, and will help the parties come to an agreement. If this is not possible, the court will declare the property award. Inherited property and gifts are excluded.

Change of Name or Restoration of Name

A spouse may request to have their name restored to a former name after they are permanently separated.

Mediation Counseling

Iowa divorce laws require parties to participate in mediation counseling for up to 60 days. The court will refer them to domestic relations divisions, marriage counselors, family service agencies, and clergy.

Alimony

The court may grant alimony to either husband or wife for a definite or indefinite length of time, depending on the individual case. Factors such as income and other assets will be taken into account.

Child Custody and Support

When deciding child custody issues, the court will always prioritize the best interests of the child. The court will also consider the wishes of the child, as well as their age and maturity. The Percentage of Income formula is used to calculate child support payments.

For more detailed information on Iowa divorce laws, contact a professional divorce attorney or divorce lawyer in your state.

Annulment Laws in Iowa

An annulment is a legal way of terminating a marriage that is deemed illegal. While divorce is the termination of a legal marriage, an annulment is the ending of a void marriage. The grounds for annulment vary by state, and Iowa is no different. Here are the annulment grounds provided by Iowa annulment laws:

• Fraud: Misrepresenting oneself at the time of marriage is a felony, and grounds for annulment.
• Incest: Marriages between too close a blood relative are strictly prohibited, and can be annulled.
• Mental Incapacitation: If one spouse has a mental illness that is beyond cure, annulment is possible.
• Physical Disability: If a spouse has a physical disability that adversely affects the marriage, an annulment may be an option.
• Underage Marriage: Marriages of spouses under the legal marriageable age, without the permission of the court or parents, are invalid and may be annulled.

Divorce Laws in Iowa: FAQs

Divorce can be a confusing and overwhelming process, especially if you are unfamiliar with the divorce laws in your state. To help, we’ve put together some of the most commonly asked questions about Iowa divorce laws — so you can be better informed and feel more prepared.

Residency Requirements

One of the most important pieces of information you need to know about Iowa divorce laws is the residency requirements. To file for divorce in Iowa, you must be a resident for either 12 months or 1 year (whichever is longer).

Serving Notice to Out-of-State Spouses

If your spouse doesn’t reside in the State of Iowa, the divorce process may become more complicated. Under the Iowa divorce law, your spouse must be served with a divorce notice to notify him/her of the divorce complaint that you have filed. To do this, you will need the services of a server who can serve this notice – which requires more paperwork, more time, and more money.

How Long Will My Divorce Take?

Unfortunately, due to the uniqueness of each divorce case, it’s difficult to predict how long it will take for you to end your marriage. However, it may help to know that court filing fees for divorce in Iowa vary by county.

How Much Will My Divorce Cost?

Iowa divorce lawyers typically charge by the hour, though some may charge a set fee. It’s difficult to say exactly how much your divorce will cost you, but on average a divorce costs $18,000.

Do I Need to Hire an Iowa Divorce Lawyer?

The Iowa divorce law gives you the right to represent yourself in court. However, it isn’t advisable to do so, as an Iowa divorce lawyer understands the divorce process much better and can better represent your interests in court.

Do We Need Two Iowa Divorce Lawyers?

Yes, Iowa divorce law requires that both spouses be represented separately in court.

Is a Common Law Marriage Legally Recognized in Iowa?

Yes, Iowa does recognize common-law marriages. In Iowa, a common law marriage is established when both spouses intend to and agree to be married, have continuous cohabitation, and are publicly declared as husband and wife.

Is Iowa a No-Fault State?

Yes, Iowa dissolves marriages without requiring fault.