Iowa State Divorce Law

Those petitioning for Dissolution of Marriage in Iowa must live in the state for a minimum of 1 year before filing that petition in the District Court. However, if the plaintiff is not a resident of the state, they do not have to fulfill the residency requirement.

Iowa Grounds for Divorce

As a no-fault divorce state, Iowa residents cannot file a fault-based divorce petition.

Uncontested Divorce in Iowa

An uncontested divorce means that the petitioners agree on all points of the divorce settlement. There is no summary or simplified divorce in Iowa; however, if the respondent does not answer the summons, the court may grand a default divorce within 90 days.

Contested Divorce in Iowa

Even though there are no fault-based divorce procedures in Iowa, if the elements of the divorce are being contested, the process is much longer and more complex. In those situations it is generally necessary for the parties to retain divorce attorneys to represent them.

Annulment in Iowa

In Iowa, annulment is called the termination of an illegal marriage. In order to obtain an annulment, the plaintiff must be able to prove one of the following grounds:

• Fraud
• Incest
• Mental incapacitation which is beyond cure
• Physical disability that adversely affects the marriage
• Underage marriage, in which one party is under 18 and does not have parental consent

No Fault Divorce in Iowa

The only grounds for divorce in Iowa is that the marriage has been broken to the degree that the basic elements of the relationship have been destroyed and there is no hope of restoration.

Iowa Fault Divorce

There is no legal option for filing a fault-based divorce in Iowa.

Iowa Divorce and Child Custody

Child Custody Laws

Child custody is determined in Iowa based on the following elements:

• The suitability of each parent
• The emotional and psychological needs of the child, based on the amount of contact with each parent
• The degree of communication between parents regarding the child’s needs
• Whether the parents have been active in caring for the child during the marriage and since the separation
• Whether each parent can support the other’s relationship with the child
• The child’s wishes, in light of their age and maturity
• The parents’ wishes concerning joint custody
• The proximity of both parents for visitation, etc.
• The safety of the child in light of joint custody, unsupervised visitation, or unrestricted visitation
• Any history of domestic abuse

Child Alimony

Reasonable and necessary support payments may be ordered for either parent under Iowa law. The amount is generally calculated using Guideline Charts, but may be adjusted to guarantee fairness or the special needs of the child.

Iowa Divorce Spousal Support

Either temporary or permanent spousal support, or alimony, may be awarded to either spouse based on:

• The length of the marriage
• The age and health of the parties concerned
• The property that has been awarded in the settlement
• The parties’ education
• The dependent party’s earning capacity
• The capacity of the dependent party to become independent at a standard of living comparable to the one enjoyed during the marriage
• The tax implications
• Any prior agreements made by the parties
• The conditions of an antenuptual agreement

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Iowa

Spouses in the military are protected by Iowa law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From An Iowa Divorce Lawyer?

Anyone who has ever filed a legal document knows how confusing they can be. Those filing for divorce have multiple such documents to file, even for an uncontested divorce. That is why when someone is involved in disputes during their divorce proceeding, they should consult a skilled divorce lawyer to help them through the process.