Iowa Divorce: What You Need to Know

In Iowa, divorce is legally called dissolution of marriage. Divorce is a court process to officially end a marriage. Procedures for divorce differ from state to state, and in Iowa divorce statutes are handled by the District Court, and divorce must be filed in the county in which either spouse resides. Understanding how divorce works in Iowa, include knowing residency requirements, waiting periods, types of divorce, the court process, filing requirements for the major counties, and how to obtain copies of divorce records.

How Does Divorce Work in Iowa?

According to Iowa divorce law, anyone filing for divorce is required to have met the requirements stipulated for residency in the state. Either spouse is required to be a resident in Iowa for at least one year prior to filing. Contrary to this, if the other spouse is a resident and personally served with the divorce papers, the one-year residency requirement does not apply.

Iowa is a no-fault divorce state. The only ground needed is that the marriage is “irretrievably broken.” Misconduct such as adultery or cruelty does not have to be proven, though it may affect custody or property decisions in some cases.

After filing, Iowa law imposes a 90-day waiting period from the day the papers are served before the divorce may be finalized. This waiting period may be waived under exceptional circumstances involving domestic violence.

An uncontested divorce may be completed soon after the mandatory waiting period. This is possible if both spouses are in agreement on matters such as custody, spousal support, and division of property. On the other hand, a contested divorce entails a lengthy process and may involve mediation, hearings, and a trial.

Types of Divorce in Iowa

In Iowa, there are multiple legal options for terminating a marriage, each with its own procedures and requirements:

• Uncontested divorce: Basically, this is when both parties agree on mutual terms regarding the relevant terms of the divorce. These cases are finalized in a shorter timeframe, with fewer associated costs and limited court appearances.
• Contested divorce: In this case, parties may be engaged in disputes regarding custody, post-marital support, or property possession. This case is more complex and is time consuming.
• No-fault divorce: This constitutes the primary method of terminating a marriage in Iowa. The major requirement is that the marriage is irreparable.
• Collaborative divorce: It refers to a method of dispute resolution in which both parties, through counsel, pursue mutually acceptable terms of dissolution. This eliminates the need for trial adjudication.
• Legal separation: Iowa also allows legal separation, where the marriage is not dissolved but the court sets terms for custody, property, and support while the spouses live apart.

Iowa Divorce Court Process and Forms

In Iowa, a divorce is filed in the District Court of the county where either of the spouses lives. The process begins when one spouse, who is the petitioner, files a Petition for Dissolution of Marriage.

In addition to the initial petition form, parties are required to submit additional forms during the divorce process:

• Original Notice (summons)
• Confidential Information Form
• Financial affidavits
• Parenting Plan (if children are involved)

Typically, the petition and notice are served on the other spouse (the respondent) via sheriff, process server, or certified mail. Therefore, the respondent has 20 days to respond under the Iowa rule of civil procedure.

Both parties are required to submit financial disclosures, including income, debts, assets, and expenses. If minor children are involved, both parents are required to attend a court-approved child education course in Illinois—the Children in the Middle program—before custody orders are granted.

Furthermore, judges often require parties to attempt resolution through mediation in contested custody matters. If the parties fail to reach an agreement, the dispute proceeds to trial for judicial resolution.

A divorce becomes official once the judge signs the Decree of Dissolution of Marriage, which formally ends the marriage. This document also establishes terms for custody, child support, alimony, and property division.

City- and County-Level Filing Details

Divorce in Iowa is initiated at the county level through the District Courts. Here are filing resources offered by some of the state’s largest counties:

• Polk County (Des Moines):
  • Courthouse: Polk County Courthouse, 500 Mulberry Street, Des Moines, IA 50309.
  • Services: Legal forms may be accessed online through the Iowa Judicial Branch website. As part of the family law process, divorcing parents are required to attend a parenting course in the custody cases.
• Linn County (Cedar Rapids):
  • Courthouse: Linn County Courthouse, 51 3rd Avenue Bridge, Cedar Rapids, IA 52401.
  • Services: The courthouse provides access to legal forms and filing instructions. In custody disputes, mediation is required before proceeding to trial.
• Scott County (Davenport):
  • Courthouse: Scott County Courthouse, 400 W. 4th Street, Davenport, IA 52801.
  • Services: Divorce and custody-related forms are accessible to residents through the Iowa Judicial Branch official website. In cases involving child custody, parents are required to complete the "Children in the Middle” course.
• Johnson County (Iowa City):
  • Courthouse: Johnson County Courthouse, 417 S. Clinton Street, Iowa City, IA 52240.
  • Services: Individuals representing themselves may access self-help materials on the Iowa Judicial Branch official website. Mediation is often used as a preliminary step to resolve custody disputes before trial.
• Black Hawk County (Waterloo):
  • Courthouse: Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, IA 50703.
  • Services: The clerk provides support with the filing procedure; parenting education programs are required when children are involved.

Each county District Court Clerk’s office typically provides assistance with court processes, including guidance on completing forms.

How to Search for Divorce Records in Iowa

Although divorce records in Iowa are publicly accessible, social security numbers, financial information, and juvenile information are generally kept private. Each county keeps separation records at the Clerk of District Court's office for the location where the divorce was granted.

There are three avenues to access divorce records in Iowa:

• At the courthouse. Certified copies of any divorce decree can be requested by going to the district court clerk's office (you must pay a fee).
• Online. Iowa has an Electronic Docket online system (Iowa Courts Online) that allows access to divorce court records in the state using either the name of a party or the case number. Court records are not available in their entirety online, but you may directly contact the District Court Clerk in the appropriate county to obtain the full records.
• Third party. Third parties also provide divorce records. You can also access court-certified copies through the appropriate court.

Divorce records normally contain the names (involved parties or children), the date and jurisdiction of the divorce, and the case number. Other possible information includes custody and the court orders for property division and support maintenance. The Decree of Dissolution of Marriage is the official document stating the marriage has been legally terminated.

Key Points

• Divorce in Iowa is filed in the District Court of the county where either spouse resides.
• At least one spouse is required to be a resident of Iowa for a period of one year before filing a divorce. If the other spouse is a resident and was personally served the divorce papers, the one-year residency requirement is waived.
• Iowa is a no-fault state, with the only requirement being that the marriage is irreparably broken.
• A 90-day waiting period applies, though it may be waived in special cases.
• Parents involved in custody and divorce proceedings are mandated to attend a “Children in the Middle” program. They are also required to attempt mediation before proceeding to trial in custody cases.
• Divorce records are public and may be searched through Iowa Courts Online, with certified copies available from county clerks.