{"id":373372,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/iowa-law\/iowa-legal-requirements-for-divorce.html"},"modified":"2024-03-13T12:39:52","modified_gmt":"2024-03-13T17:39:52","slug":"iowa-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/iowa-law\/iowa-legal-requirements-for-divorce.html","title":{"rendered":"Iowa Divorce Laws"},"content":{"rendered":"\n
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Iowa Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you live in Iowa and are considering divorce, it\u2019s a good idea to become familiar with Iowa divorce laws. The Iowa divorce process is complex. Some laypeople have a hard time navigating the family courts. This is why many people hire an experienced attorney to help with their divorce cases.<\/p>\r\n

Here, we\u2019ll explain the divorce laws<\/a> in Iowa. We\u2019ll also discuss how Iowa law treats things like spousal support, child custody, and equitable distribution<\/a> of marital property. We will also provide helpful links to articles to discuss these topics in greater detail.<\/p>\r\n

For a quick reference to the divorce laws in the State of Iowa, refer to the chart below.<\/p>\r\n

Legal Requirements for Divorce in Iowa<\/b><\/h2>\r\n

Every jurisdiction must follow the state laws<\/a> governing the divorce process<\/a>. For instance, all states have residency requirements<\/a> you must meet before filing your divorce petition. You must be a resident of Iowa for at least one year before filing for divorce.<\/p>\r\n

There is one exception to the Iowa residency requirement<\/a>. If the respondent spouse is a resident of Iowa and receives personal service of process, the petitioner does not have to be a resident of Iowa for a year before filing.<\/p>\r\n

Many states also have a waiting period. The Iowa Code calls for a 90-day waiting period<\/a>. The family law judge cannot issue a final divorce decree until at least 90 days after the divorce papers have been served.<\/p>\r\n

The courts require this waiting period so the parties have a cooling-off period to think about what they’re planning on doing. The Iowa code allows the court to waive this requirement in certain emergency situations.<\/p>\r\n

Legislators and the family courts try to allow every couple the chance to reconcile and save their marriage. With a mandatory waiting period, spouses have the opportunity for conciliation.<\/p>\r\n

Types of Divorce in Iowa<\/b><\/h2>\r\n

As with most other states, Iowa law offers two types of divorce – uncontested and contested. With an uncontested divorce, the parties agree to divorce and agree to the divorce terms. All they have to do is submit a marital settlement agreement to the court for approval. Once the judge approves the agreement, they will issue a final decree of divorce.<\/p>\r\n

A contested divorce is quite different. Here, the parties disagree on the divorce terms. Or, one of the parties may not wish to divorce at all. Throughout the divorce proceedings, the courts offer a variety of tools to help the couple negotiate a final divorce agreement.<\/p>\r\n

In a contested divorce, the parties may disagree on some or all of the following issues:<\/p>\r\n