Iowa Divorce Laws and Resources

If you are getting a divorce in Iowa, the following information will provide you with the tools you need. You can read through the relevant divorce laws, access the current child support guidelines, and estimate the amount of child support for your case. You can find divorce forms and online divorce services if you want to do your own divorce, or locate divorce lawyers in your area to manage your divorce for you. There are also divorce support groups, domestic violence resources, and more. In addition to the resources listed below, you can find more help and information in our divorce article section.


Divorce Lawyers Divorce & Parenting Services Background Checks Support Groups Domestic Violence Services	Do It Yourself Divorce IA Divorce Laws Child Support Guidelines (PDF) Iowa Child Support Calculator Child Support Enforcement

DIVORCE LAWYERS AND FIRMS

Need a Family Lawyer? Present your case on LegalMatch and respond only to attorneys who want to help you. You can post you legal issues with Legal Match and receive a reply from qualified attorneys who can handle your case. It's Free & Confidential.

DO IT YOURSELF DIVORCE

Divorce and Separation Forms - If you and your husband can agree on all the custody and settlement issues, you can purchase and download your own divorce forms from US Legal. With step-by-step instructions to walk you through the process, you can fill out your own divorce papers at home and file the paperwork yourself.

Online Divorce - For uncontested divorces, this is one of the best online divorce services around for preparing your Iowa divorce papers. By walking you through a series of questions and answers (with detailed explanations), you can complete the papers at your own pace. You'll receive detailed filing instructions, plus be able to access various self-help books and products to make your divorce easier, including a name change kit and divorce organizer. The company also offers customer support by phone and email.

QDRO Preparation - This is a service for individuals and lawyers alike, offering the ability to prepare a Qualified Domestic Relations Order (QDRO) for the division of retirement accounts.

DIVORCE AND PARENTING SERVICES

Center for Divorce Education
1005 East State Street, Suite G
Athens, OH 45701
Phone: 740-594-2526
Email:

Online parenting education to keep children out of the middle of divorce.

Christian Divorce Services
1217 Hilltop Ave
Fayetteville, NC 28305
Phone: 614-774-3766
Email:

We have locations in every state. When reconciliation has failed, we provide Christian legal alternatives consistent with 1Cor 6: 1-8. Please Contact Michael Wayland at our central office for a referral to a local office.

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BACKGROUND CHECKS

IOWA DIVORCE SUPPORT GROUPS

Iowa City Parkview Church has a divorce recovery group that meets periodically throughout the year. You can find out more on their Divorce Care page.

You can also look up other local divorce groups in your area. There are separation and divorce support groups, groups for children, and organizations that help survivors of domestic abuse.

DOMESTIC VIOLENCE RESOURCES

Domestic Violence Crisis Help
Shelters and Hotlines
Coalition Against Domestic Violence

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IOWA DIVORCE LAWS

Copyright Notice: The following synopsis of Iowa divorce laws is an interpretation by WomansDivorce.com of the Iowa Code/ Statutes - TITLE XV Subtitle 1 - Domestic Relations regarding issues related to the termination of marriage, child custody, and support. You can read the full text of the relevant laws by viewing the online Divorce Statutes provided by the Iowa Legislature. Unauthorized reproduction of this material is prohibited and violation of this notice will result in immediate legal action.

In Iowa, the legal terminology for divorce is "Dissolution of marriage". In the following discussion, the terms may be used interchangeably.

Iowa Residency Requirements for Divorce and Separation:
The person filing for a divorce or separation must live in the state for at least one year prior to filing, unless his or her spouse would be considered a resident of the state and is served with divorce papers by personal service.

Where do you file for a divorce in Iowa?
The petition for divorce must be filed in the district court of the county where either spouse lives. Once the other party has been served with the divorce petition, he or she has 20 days to file an answer or respond to the petition.

Is there a waiting period before a divorce will be granted?
Yes. A divorce decree won't be granted until 90 days have passed since the divorce petition was served or until conciliation (if ordered) is completed, except in cases where the court determines granting the decree sooner is necessary to protect a spouse's rights or interests.

What is Conciliation?
Conciliation is basically court-ordered marriage counseling for a period of 60 days to determine if the marriage can be saved. The court can waive the conciliation requirement if there is evidence of domestic abuse.

Iowa Legal Separation:
You can get a legal separation in Iowa and address all the same issue as divorce (property division, child support, custody, alimony, etc.). A legal separation does not dissolve your marital status.

Annulment in Iowa:
To qualify for an annulment, the court needs to determine that the marriage was never valid in the first place (void) or voidable due to certain circumstances. An annulment may be granted for the following reasons:

Where the spouses are close blood-relations. A person may not marry his/her aunt or uncle, brother or sister, niece or nephew, grandchild, or a first cousin.
If either party was under the age of 18 and did not have the written permission of a parent or guardian consenting to the marriage.
If either party has legally married to someone else at the time of marriage.
If either party was unable to consummate the marriage relationship.
If a spouse is under guardianship and lacks the ability to contract a valid marriage

All children born of an annulled marriage will be considered legitimate.

What are the grounds for divorce in Iowa?
Iowa is a no-fault state in which the court only requires proof that the marriage is irretrievably broken with no hope of reconciliation. If a divorce is granted due to the mental illness of one spouse, the court may order ongoing support for that spouse unless it would cause undue hardship for the obligated spouse.

Temporary Orders:
While the divorce is pending, the court may set orders for temporary support, temporary custody, the appointment of a guardian ad litem for the children, and outline a visitation schedule for the minor children of the marriage.

Will we have to go to court?
A couple may get a divorce without a hearing if they agree in writing that the marriage is irretrievably broken, have filed all the required documents, and have a signed settlement agreement outlining all the divorce issues. A hearing is also not required if the respondent has answered the divorce petition, the waiting period has expired, the petitioner has certified in writing that the marriage is irretrievably broken, and all the required documents have been filed with the court.

If the above requirements are not met (i.e. you both don't agree the marriage is broken, you can't reach an agreement, or you haven't filed all the proper paperwork), then a hearing will be scheduled after the 90-day waiting period is over. Before setting a hearing date, the court may order the couple to participate in mediation to settle their disputes.

How are assets and debts divided in Iowa?
Property which was owned prior to the marriage, or acquired due to inheritance or by gift, is considered separate property and will not be divided in the divorce. Debts incurred prior to the marriage shall also remain the sole responsibility of the spouse who acquired the debt.

All other assets and debts acquired during the marriage are considered marital property. If the couple cannot mutually agree how to divide the marital estate, the court will consider the following factors in order to reach an equitable division:

How long the couple was married.
How old each spouse is, as well as their physical and emotional health.
How much property each spouse brought into the marriage.
The provisions of agreements made after the couple was married.
Each spouses contribution to the marriage, including taking care of the home and children.
The support given to the other spouse during advanced schooling or training to further his or her career.
The ability of each spouse to be self-supporting and maintain a lifestyle similar to that experienced during the marriage. The court will take into consideration the educational background, training and career skills, work history and absences from the job market, parental duties, and the expense and time it would take to become self-supporting.
The custody arrangements for the children and whether it would be appropriate to have the custodial parent remain in the family home with the children.
Whether property division should be used in place of alimony payments.
Other financial circumstances, including pension benefits, of each spouse.
How the property division will affect each spouse's taxes.
Any other factors the court deems relevant to reach an equitable distribution

Once the court has settled the property distribution and it is entered into a divorce decree, it may not be modified at a later date. » Return to top

Iowa Alimony:
Spousal support may be awarded to either spouse. When determining the amount and duration of payments, the court will consider the following factors:

How long the couple was married.
How old each spouse is, as well as their physical and emotional health.
How the assets and debts will be divided in the property settlement.
The level of education of each spouse before they married as compared to that at the time of the divorce petition was filed.
The ability of the spouse seeking alimony to be self-supporting and maintain a lifestyle similar to that experienced during the marriage. The court will take into consideration the educational background, training and career skills, work history and absences from the job market, parental duties, and the expense and time it would take to become self-supporting.
The tax consequences to each spouse.
Whether the couple mutually agreed that financial or other contributions by one spouse would be reciprocated in the future by the other spouse.
Any provisions of a post-marital agreement.
Any other factors the court deems relevant

Alimony may be modified at a later date due to a substantial change in circumstances or the remarriage of the spouse receiving alimony.

Name Change:
Iowa allows either spouse to request a name change as part of the divorce decree or annulment, requesting resumption of either their birth name or the name they had prior to the marriage.

Iowa Custody Issues:
If a couple has minor children of the marriage, the court requires the parents to participate in a court-approved special class for divorcing parents within 45 days of serving the divorce petition. This requirement may be waived for good cause, including having previously participated in the same or an equivalent course. The court may also appoint an attorney to represent the best interest of the children during the divorce proceedings.

When determining custody of the children, the court generally awards joint legal custody to encourage the ongoing interaction between the children and each parent. But, if there is evidence of a history of domestic abuse towards a parent or child, the court will rule otherwise.

If the parents cannot mutually agree on the custody arrangements for the children, the court will take the following factors into consideration in determining whether joint custody is appropriate:

Whether one parent is restricting contact between the child and the other parent. If there has been a history of domestic abuse, the court won't consider the fact that a parent relocated out of fear as a factor against that parent in the awarding of custody or visitation.
If there is a history of domestic abuse and whether ongoing contact would result in physical or emotional harm to the child or parent if joint custody was awarded.
The parenting capabilities of each parent and whether they actively care for the child.
If the child would suffer due to the restriction of on-going contact with each parent.
The ability of the parents to communicate with each other about the child's needs and their encouragement of the ongoing relationship with the other parent.
The wishes of the child, taking into consideration the age and maturity of the child.
The wishes of the parents in regard to joint custody.
How close the parents live to each other.
If joint custody or unsupervised visitation would harm the safety of the children or the other parent.
A history of domestic abuse.

If only one parent is awarded physical custody, that parent is responsible for supporting the child's relationship with the other parent. In split-custody situations where each parent will have physical custody of one or more children, the court may require a visitation plan to encourage ongoing contact between the children and the other parent. Physical custody does not affect the other parent in regard to joint legal custody, including the right of the parent to participate in decisions concerning the child's medical care, schooling, religion, and extracurricular activities.

It's important to note that relocation of a parent may be grounds for a custody modification. If a parent is moving the child more than 150 miles away and the court determines that it would result in a substantial change in circumstances, the court may modify the custody arrangements to maintain the existing relationship between the child and the non-relocating parent. The modifications may include extending visitation during school breaks and summer vacation and scheduled phone contact.

Child Support in Iowa:
Child support is determined using the Child Support Guidelines set out by the supreme court of Iowa taking into consideration each parent's income, the number of dependent children, other children being supported by a parent, and the custody arrangements. Child support orders will include provisions for medical support for the children and either parent may be required to carry medical coverage for the children. High premium costs for medical coverage may be considered as reason to vary from the support guidelines.

Child support payments are to be paid to the child support collection service instead of directly to the other parent. In cases where there is an income withholding order, payments shall also be directed to the collection services center.

Child support continues until a child graduates from high school (or the equivalent), but not past the age of 19. Child support may also continue for a child who will be unable to become self-support and would be likely to become a public charge. Child support may be modified in the future due to a significant change in circumstances such as the remarriage of either parent, a change in income, the addition of more dependents, receiving an inheritance or pension, etc.
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