Divorce in Iowa
Iowa is a no-fault divorce state where the sole ground is the breakdown of the marital relationship. The state uses equitable distribution for property division and requires the filing spouse to have lived in Iowa for the past year, unless the other spouse is an Iowa resident who is served in person.
Quick Facts
Residency Requirement
1 year (not needed if spouse is an Iowa resident served in person)
Waiting Period
90 days after service
Filing Fee (approximate, varies by county)
$200-$350
Property Division
equitable distribution
Grounds for Divorce
- Breakdown of the marital relationship
Key Facts
- Iowa is a strictly no-fault divorce state
- A decree cannot be granted until 90 days after the other spouse is served or accepts service, except in an emergency
- The filing spouse must have lived in Iowa for the past year, unless the other spouse is an Iowa resident served in person
- Property is divided by equitable distribution
- Iowa courts consider both marital and non-marital property in division
Child Custody
Iowa courts determine custody based on the best interests of the child. The court considers factors including each parent's ability to care for the child, the child's relationship with each parent, and the preference of the child if they are of sufficient age.
Alimony / Spousal Support
Iowa courts may order spousal support for a limited or indefinite time after weighing factors such as the length of the marriage, each spouse's age, health and earning capacity, the property division, and whether the spouse seeking support can become self-supporting.
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FAQs
Common questions about divorce in Iowa
Iowa does not allow a decree until 90 days after the other spouse is served or accepts service, unless the court finds an emergency. An uncontested divorce can be finalized after that period; contested divorces take longer, depending on the issues involved.
Iowa is a no-fault state and generally does not consider marital misconduct when dividing property. The court focuses on factors such as the length of the marriage, each spouse's contributions, and their respective economic circumstances.