Do you want to know how to file for divorce in Iowa?
Iowa is a no-fault divorce state, which means that a divorce can be granted if the couple agrees on “a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
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Requirements for Residency
To file for divorce in Iowa, both spouses must be residents of the state, or the Petitioning spouse (the spouse who submits the petition and so initiates the divorce) must have lived in the state for at least a year.
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If the residency criteria are satisfied, one spouse may file a Petition for Dissolution of Marriage with the Clerk of Courts Office in their county of residence’s District Court.
Once the petition is filed, it is the Petitioner’s obligation to serve a copy on his or her spouse. (now called the Respondent). If the divorce is uncontested, service may be accomplished by simply mailing or hand-delivering the papers to the Responding spouse; however, if the divorce is disputed, the documents must be delivered to the Respondent by a third party.
Once served, the Respondent may choose to oppose or concur with the Petitioner’s petition. If the Respondent opposes any problems, he or she must submit an Answer as well as the Acceptance of Service within their county’s time limit. Contesting an issue generally results in a settlement or a trial. The county in which a couple lives may demand extra papers or couples’ mediation in specific situations.
If the parties have reached an agreement and do not want to continue with a long trial, they may draft a Divorce Settlement Agreement using RocketLawyer’s simple interview procedure. The Divorce Settlement Agreement provides for the division of property, assets, debts, and obligations, as well as the resolution of issues such as child support, custody, and visitation.
If the divorce is challenged, there is a trial preparation. The county court may mandate a spouse with or without children to attend therapy during the months leading up to the trial. This counseling is required in certain areas. After the couple has completed therapy, they (and their attorneys) may sit together and try to resolve their divorce outside of court. If the divorce cannot be resolved, the matter will be tried. During the trial, the judge will choose the most equitable solution that considers the well-being of all parties concerned, including children. Remember that equitable does not imply equal; rather, it implies that the court determines what is most equitable. Once the judgments are made, the court issues a final decree, which may be overturned if one of the spouses believes the judge’s decision was not equitable. Be careful that repeals may be costly.
Whether or not your divorce goes to trial, you may need the assistance of a lawyer. You may always utilize RocketLawyer to find the appropriate lawyer for you.
A Word on Default Divorce
If the Respondent fails to respond to service, sign the divorce documents, or otherwise engage in the divorce processes, the Petitioning spouse obtains whatever was requested in the initial petition and paperwork, and the case is formally defaulted and the marriage is ended.
The Iowa State Judicial Branch provides useful information and paperwork to citizens seeking a divorce. There are instructions for both the Respondent and the Petitioner, as well as extra papers for requesting and contesting child support.
