Iowa Divorce Law
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Divorce Residency Essentials to Get Divorce in Iowa
If the defendant spouse is a resident of Iowa and was personally served the dissolution of marriage papers, there is no residency requirement for the spouse filing the dissolution of marriage. Otherwise, there is a one-year residency requirement. In addition, there is a 90-day waiting period prior to the dissolution of marriage becoming final. The dissolution of marriage may be filed in a county where either spouse resides. [Iowa Code Annotated; Title XV Chapter 598 Sections 598.2, 598.6, and 598.19].
Reasons for Divorce in Iowa
There are mainly two reasons of divorce in Iowa that is fault and general. In order to file for divorce in Iowa, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons for divorce in Iowa include:
- 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. [Iowa Code Annotated; Title XV Chapter 598 Sections 598.5 and 598.17].
General reasons for divorce in Iowa include:
- The only grounds for dissolution of marriage in Iowa are 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. [Iowa Code Annotated; Title XV Chapter 598 Sections 598.5 and 598.17].
Custody of the Children in Iowa
Joint or sole custody may be awarded in the best interests of the child and in a manner which will encourage the parents to share the rights and responsibilities of raising the child. Joint custody may be awarded if either parent requests and if it is in the best interests of the child and based on the following factors:
- The ability of the parents to cooperate;
- The ability to support the child’s relationship with the other parent;
- The physical proximity of the parents to each other;
- The fitness and suitability of the parents;
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference;
- Whether both parents have actively cared for the child before and since the separation;
- Whether the psychological and emotional needs and development of the child will suffer because of lack of contact with both parents;
- Whether the safety of the child will be jeopardized by an award of joint custody or unsupervised visitation;
- Whether one or both parents agree to, or are opposed to, joint custody; and
- Any history of domestic abuse.
However, the court may grant joint custody even when both parents do not agree to joint custody. [Iowa Code Annotated; Title XV Chapter 598 Section 598.41].
Property Distribution in Iowa
Iowa is an “equitable distribution” state. The court will divide all of the spouse’s property whether it was acquired before or after the marriage, except any gifts and inheritances received prior to or during the marriage. A portion of the property may be set aside in a fund for the support, maintenance, and education of any minor children. Marital fault is not a factor. The following factors are considered in any division of property:
- The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker or in childcare;
- The value of any property brought to the marriage;
- The contribution by one party to the education, training, or increased earning capacity of the other;
- The length of the marriage;
- The age and physical and emotional health of the spouses;
- The vocational skills of the spouses;
- The time and expense necessary to acquire skills and training to become self-sufficient;
- The federal income tax consequences of the court’s division of the property;
- Any premarital or marital settlement agreement;
- The present and potential earning capability of each spouse, including educational background, training, employment skills, work experience, and length of absence from the job market;
- Whether the property award is instead of or in addition to alimony and the amount and duration of any such alimony award;
- The total economic circumstances of the spouses, including any pension benefits;
- The desirability of awarding the family home to the spouse with custody of any children;
- Any custodial provisions for the children;
- The amount and duration of any maintenance payments; and
- Any other relevant factors. [Iowa Code Annotated; Title XV Chapter 598 Section 598.21].
Iowa Spousal Support Guidelines
Maintenance may be granted to either spouse for a limited or indefinite time, based on the following factors:
- The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and become self-supporting;
- The duration of the marriage;
- The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse’s ability to meet his or her needs independently;
- The tax consequences to each spouse;
- The age of the spouses;
- The physical and emotional conditions of the spouses;
- The work experience and length of absence from the job market of the spouse seeking alimony;
- The vocational skills and employability of the spouse seeking support and alimony;
- The probable duration of the need of the spouse seeking support and alimony;
- Custodial and child support responsibilities;
- The educational level of each spouse at the time of the marriage and at the time the action for support is commenced;
- Any premarital or other agreements;
- The earning capacity of the spouse seeking maintenance, including the educational background, employment skills, and work experience;
- Feasibility of spouse becoming self-supporting at the same level of the marriage; and
- Any other factor the court deems just and equitable.
Marital misconduct is not a factor. Maintenance payments may be ordered to be paid through the court. [Iowa Code Annotated; Title XV Chapter 598 Sections 598.21, 598.22, and 598.32].
Iowa Child Support Guidelines
Either or both parents may be ordered to pay a reasonable and necessary amount of child support. Child support payments may be ordered to be paid directly to the court. Specific Child Support Guideline Charts are available at www.judicial.state.ia.us/. The court shall order a parent to provide a health benefit plan if available at a reasonable cost. The amount of child support determined by use of the Guideline Charts is presumed to be correct, but may be adjusted for fairness or special needs of the child. [Iowa Code Annotated; Title XV Chapter 598 Section 598.21].
If either spouse requests, or on the court’s own initiative, the spouses may be ordered to participate in conciliation procedures for a period of 60 days. A course on children’s needs is required for all parents when custody is at issue within 45 days of the commencement of the case. [Iowa Code Annotated; Title XV Chapter 598 Sections 598.16 and 598.19A].