Iowa Divorce

How to File for Divorce

To file for divorce in Iowa, you must complete a written Petition for Dissolution of Marriage with the clerk of court office and pay a filing fee. Iowa law recognizes a “no fault” divorce, so you are not required to blame your spouse for any wrongdoing. However, the judge may require you to participate in a reconciliation effort for a period of 60 days.

While professional legal representation is not required in an Iowa divorce, it is strongly recommended that you seek the assistance of an experienced divorce lawyer. The Iowa Judicial Branch does not distribute forms for a do-it-yourself divorce and cannot provide legal advice or offer suggestions on how to phrase a pleading.

Iowa law requires a 90 day waiting period for a divorce to be finalized. This is measured from the date a petition is served until the date the court enters a final divorce decree. However, the waiting period can be waived under certain circumstances.

If one spouse is asking for alimony and/or child support, both spouses must file an affidavit of financial status. This document contains information about your net worth, income, and expenses.

Division of Property

In any divorce, marital property will be divided equitably based on factors such as the length of the marriage, the age and physical health of each spouse, and the earning capacity of each party. Judges will also consider the economic value of contributions where one spouse contributed to the earning power of another by paying tuition bills or staying home to care for minor children. However, it is important to remember that marital property does not include property or gifts received by one party.

Children and Divorce

When there are children involved, the process of getting a divorce becomes more complicated. In addition to dividing property, couples must also deal with concerns regarding child custody and child support.

Child Custody

Child custody laws are designed to ensure that both parents have an opportunity to develop a strong relationship with their children.

While more couples are requesting joint custody of their children, it is important to realize that joint custody is not the same as joint physical care. In a joint custody arrangement, both parents have equal rights to make decisions regarding the legal status, medical care, and education of the children. In a joint physical care arrangement, the children spend an equal amount of time with both parents. Joint physical care arrangements can be ordered with or without joint custody.

Child custody and child support are considered to be two separate areas of Iowa divorce law. Whether or not a parent makes the required child support payments has no bearing on his/her visitation rights.

Child Support

Iowa divorce law is based on the premise that parents have a legal obligation to provide financial support for their children until they graduate from high school or reach the age of 19. Depending upon the circumstances, medical support and post-secondary educational support may also be required.

Iowa child support payments are based on the net income of both parents, excluding money obtained from public assistance payments or a stepparent’s income. While there are child support calculators that can provide an estimate of how much child support a non-custodial parent might be expected to pay, it is best to consult a qualified attorney for information regarding your specific situation.

Additional Information

If you are interested in learning more about Iowa divorce laws, check out the following helpful resources:

• Divorce: Things to Consider
• Iowa Divorce Law
• Iowa Divorce Law Overview
• Iowa State Bar Association Attorney Locator