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Iowa Divorce Laws and Resources

The following information is a summary on Iowa divorce law.  You can find divorce lawyers, separation and divorce forms, calculate child support, and find services and professionals to help you navigate your divorce.  In addition to the resources listed below, you can find more help and information in our divorce article section.

Professionals

Divorce Lawyers
Private Investigators
Background Checks

Divorce Support

Support Groups

Domestic Violence

Shelters and Hotlines

Divorce Papers

Divorce and Separation Forms
Online Divorce
Divorce Form Preparation

Family Law Resources

Divorce Laws
Child Support Guidelines
Iowa Child Support Calculator
Child Support Enforcement

* Listings in the Resource and Professional Directory does not imply an endorsement by this website.  WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below.  If you provide a divorce related service and are interested in being listed in this directory, click here.

DIVORCE LAWYERS AND FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential.  You can post you legal issues with Legal Match and receive a reply from qualified attorneys who can handle your case.  Legal Match is a good directory  that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

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DIVORCE FORM PREPARATION

Have All of Your Documents Completed For You!  This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Iowa.  You can get "Real Person" customer support by phone & e-mail, plus access  to 40 downloadable books (valued at over $750).   Start your divorce form preparation today.

PRIVATE INVESTIGATORS

There are currently no private investigators for this state

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BACKGROUND CHECKS

Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.  Find out the truth about anyone!

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DIVORCE SUPPORT GROUPS

Divorce Care can help you locate a divorce support group in your area.  There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.

Partners in Prevention provides consulting and psychological services to domestic abuse survivors before, during and post divorce. Additionally, we serve as consulting experts in both civil and criminal domestic violence cases. We also offer continuing medical and nursing education in domestic abuse assessment and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058

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DOMESTIC VIOLENCE RESOURCES

Domestic Violence Crisis Help
Shelters and Hotlines
Coalition Against Domestic Violence

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IOWA DIVORCE LAWS

Iowa Divorce Statutes

RESIDENCY REQUIREMENTS, WHERE TO FILE, WAITING PERIOD:  The person petitioning for divorce must be a resident of the state for at least a year.  A divorce may be filed in the county where either party resides. No decree dissolving a marriage shall be granted before ninety days shall have elapsed from the day the original notice is served, or from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed or until after conciliation is completed, whichever period shall be longer. [Based on Iowa Code: Sections 598.2, 598.6 and 598.19]

LEGAL GROUNDS FOR DIVORCE:  No Fault.  A decree dissolving the marriage may be entered when the court is satisfied from the evidence presented that there has been 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.  [Based on Iowa Code: Section 598.17]

NAME OF COURT IN WHICH TO FILE FOR DIVORCE:  The district court in which either party resides.  [Based on Iowa Code: Section 598.2]

LEGAL SEPARATION:  A petition shall be filed in separate maintenance and annulment actions as in actions for dissolution of marriage, and all applicable provisions of dissolution of marriage shall apply to separate maintenance and annulment actions.  [Based on Iowa Code: Section 598.28]

SPECIAL DIVORCE PROCEDURES:  At any time upon its own motion or upon the application of a party the court may require the parties to participate in conciliation efforts for sixty days or less following the issuance of such an order.  [Based on Iowa Code: Section 598.16]

MEDIATION OR COUNSELING REQUIREMENTS:   The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any dissolution of marriage action or other domestic relations action.  In any action which involves the issues of child custody or visitation, the parties are ordered to participate in a court-approved parenting course within forty-five days of the service of notice and petition for the action. Participation may be waived or delayed by the court for good cause including, but not limited to, a default by any of the parties or a showing that the parties have previously participated in a court-approved course or its equivalent. Participation is not required if the proceeding involves termination of parental rights of any of the parties. A final decree shall not be granted or a final order shall not be entered until the parties have complied with this section, unless participation in the course is waived or delayed for good cause or is otherwise not required under this subsection.  [Based on Iowa Code: Section 598.19A and 598.7A]

PROPERTY DISTRIBUTION:  Iowa is an equitable distribution state.  The court shall divide all property, except inherited property or gifts received by one party, equitably between the parties after considering all of the following:

  • The length of the marriage.
  • The property brought to the marriage by each party.
  • The contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services.
  • The age and physical and emotional health of the parties.
  • The contribution by one party to the education, training or increased earning power of the other.
  • The earning capacity of each party.
  • The desirability of awarding the family home or the right to live in the family home for a reasonable period to the party having custody of the children, or if the parties have joint legal custody, to the party having physical care of the children.
  • Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests.
  • The tax consequences to each party.
  • Any written agreement made by the parties concerning property distribution.
  • The provisions of an antenuptial agreement.
  • Other factors the court may determine to be relevant in an individual case.
Property inherited by either party or gifts received by either party prior to or during the course of the marriage is the property of that party and is not subject to a property division, except upon a finding that refusal to divide the property is inequitable to the other party or to the children of the marriage.  [Based on Iowa Code: Section 598.21]

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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:  The court may grant an order requiring support payments to either party for a limited or indefinite length of time after considering all of the following:

  1. The length of the marriage.
  2. The age and physical and emotional health of the parties.
  3. The distribution of property.
  4. The educational level of each party at the time of marriage and at the time the action is commenced.
  5. The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, responsibilities for children under either an award of custody or physical care, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.
  6. The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal.
  7. The tax consequences to each party.
  8. Any mutual agreement made by the parties concerning financial or service contributions by one party with the expectation of future reciprocation or compensation by the other party.
  9. The provisions of an antenuptial agreement.
  10. Other factors the court may determine to be relevant in an individual case.  [Based on Iowa Code: Section 598.21]

SPOUSE'S NAME:  Either party to a marriage may request as a part of the decree of dissolution or decree of annulment a change in the person's name to either the name appearing on the person's birth certificate or to the name the person had immediately prior to the marriage.  [Based on Iowa Code: Section 598.37]

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CHILD CUSTODY:  Iowa considers awarding joint legal custody in most cases, unless there is evidence of domestic abuse.  Physical custody may be awarded to either parent.  Rights and responsibilities as joint legal custodian of the child include, but are not limited to, equal participation in decisions affecting the child's legal status, medical care, education, extracurricular activities, and religious instruction.  In considering what custody arrangement is in the best interest of the minor child, the court shall consider the following factors:

  • Whether each parent would be a suitable custodian for the child.
  • Whether the psychological and emotional needs and development of the child will suffer due to lack of active contact with and attention from both parents.
  • Whether the parents can communicate with each other regarding the child's needs.
  • Whether both parents have actively cared for the child before and since the separation.
  • Whether each parent can support the other parent's relationship with the child.
  • Whether the custody arrangement is in accord with the child's wishes or whether the child has strong opposition, taking into consideration the child's age and maturity.
  • Whether one or both the parents agree or are opposed to joint custody.
  • The geographic proximity of the parents.
  • Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation.
  • Whether a history of domestic abuse exists.
Joint physical care may be in the best interest of the child, but joint legal custody does not require joint physical care. When the court determines such action would be in the best interest of the child and would preserve the relationship between each parent and the child, joint physical care may be awarded to both joint custodial parents or physical care may be awarded to one joint custodial parent. [Based on Iowa Code: Section 598.41]

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CHILD SUPPORT:   Upon every judgment of annulment, dissolution, or separate maintenance, the court may order either parent or both parents to pay an amount reasonable and necessary for supporting a child. In establishing the amount of support, consideration shall be given to the responsibility of both parents to support and provide for the welfare of the minor child and of a child's need, whenever practicable, for a close relationship with both parents.  Child support guidelines and worksheets for Iowa residents may be viewed here.

All orders or judgments shall direct the payment of those sums to the clerk of the district court or the collection services center for the use of the person for whom the payments have been awarded.  An income withholding order or notice of the order for income withholding shall be entered under the terms and conditions of chapter 252D. 

Child support may be modified when there is a substantial change in circumstances.  In determining whether there is a substantial change in circumstances, the court shall consider the following:

  • Changes in the employment, earning capacity, income or resources of a party.
  • Receipt by a party of an inheritance, pension or other gift.
  • Changes in the medical expenses of a party.
  • Changes in the number or needs of dependents of a party.
  • Changes in the physical, mental, or emotional health of a party.
  • Changes in the residence of a party.
  • Remarriage of a party.
  • Possible support of a party by another person.
  • Changes in the physical, emotional or educational needs of a child whose support is governed by the order.
  • Contempt by a party of existing orders of court.
  • Other factors the court determines to be relevant in an individual case.  [Based on Iowa Code: Sections 598.21 and 598.22]

PREMARITAL AGREEMENTS:  A premarital agreement must be in writing and signed by both prospective spouses. It is enforceable without consideration other than the marriage. Both parties to the agreement shall execute all documents necessary to enforce the agreement.  A premarital agreement is not enforceable if the person against whom enforcement is sought proves any of the following:

  1. The person did not execute the agreement voluntarily.
  2. The agreement was unconscionable when it was executed.
  3. Before the execution of the agreement the person was not provided a fair and reasonable disclosure of the property or financial obligations of the other spouse; and the person did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other spouse.

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. [Based on Iowa Code: Sections 596.4, 596.8, and 596.10] » Return to top




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