Learn How to File for an Iowa Divorce and What to Expect in Court Before Your Hearing

If you and your wife/husband have come to the opinion that your marriage is no longer worth continuing, you can opt to get a divorce from each other. The legal authorities of Iowa can provide you with guidance in this process.

Of course, the Iowa divorce experts need to be first convinced of the irrevocable nature of the damages that have affected the institution of marriage. You also need to keep in mind that the court in Iowa where you place your divorce petition must have the legal competence (on the basis of jurisdiction) to handle your divorce case.

The Iowa divorce laws are stringent in this regard, and any violation of these regulations might result in a swift rejection (or even non-acceptance) of the case for separation you wish to formally file against your spouse. As per the regulations of the Iowa divorce courts, the terms ‘divorce’ and ‘dissolution of marriage’ can be used interchangeably.

Residency Regulations in Iowa

The residency requirements of the state include that both you and your spouse must live as a married couple for a minimum period of 1 year before you can decide to file a divorce motion in court. After you serve the request for separation in court, the Iowa divorce authorities can pass a decree for divorce after at least a period of 90 days has elapsed.

The Sections 598.5 and 598.17 of the legal codes of Iowa divorce regulations can be consulted to learn about the grounds which can be used by you, while seeking divorce from your partner. You and your wife/husband can sit down and decide to place a common ground for your divorce lawsuit. On the other hand, you might choose to select one or more particular divorce grounds against your spouse, in which case the charges have to be adequately substantiated.

The Iowa divorce court also identifies a broad, generic, ‘no-fault’ ground for granting mutual separation. In such cases, the authorities dealing with your divorce case have to be convinced that there is no possible hope for reconciliation between you and your estranged spouse. Of course, in a ‘no-fault’ divorce, neither you nor your spouse is bringing any complaints upon the other.

When obtaining the divorce settlement, the matrimonial agreements previously entered into are currently considered null and void. Iowa divorce cases are heard at the district courts of the various counties of Iowa. All Iowa divorce petitions have unique case numbers, and you can use the one assigned to your petition for future use.

If you had moved the court first for beginning the procedure for divorce, you become the ‘petitioner’ (or the filing spouse) of the case. Your wife/husband in such cases is the ‘respondent’ (or the non-filing spouse). The court serves a copy of your divorce petition to the latter.

The Paperwork

Iowa divorce laws require primarily two documents for the smooth running and completion of your lawsuit for divorce. These are the ‘Petition for Dissolution of Marriage’ (initially provided by you) and the ‘Decree for Dissolution of Marriage.'

Of course, other documents related to financial affidavits, marital settlements and final hearing notice are also extremely pertinent to the Iowa divorce proceedings. You and your wife/husband will be informed of the dates of hearing at the Iowa divorce court by the Clerk of the Court (with the legal designation of ‘District Clerk’). This person will also handle all the required papers that might be necessary at any stage of your divorce motion. The clerk can be at times represented by his/her subordinates or assistants.

Property Distribution and Divorce

The distribution system adopted by the Iowa divorce authorities, in regard to the marital asset items and properties, is of an ‘equitable’ nature. The court considers all the relevant circumstances related to both you and your spouse, and then decides which pattern or mode of division of the property would be ‘justifiable’ and ‘fair.' Do keep in mind that ‘equitable’ property does not necessary mean that the property would be divided equally between you and your spouse.

Iowa divorce consultants analyze several interrelated factors, which are of immediate importance to the way in which the property items are to be distributed between you and your estranged partner. These include the duration of your married life, the contributions made by either of you to the assets under consideration, as well as to your marriage as a whole. Also considered are the age and health conditions of the two of you and your respective potential earning capabilities in the future.

The implications of taxes on the properties, as well as pension-related economic issues are also associated in post-divorce asset-distribution issues by the Iowa divorce court. You or your wife/husband is also permitted by the Iowa divorce laws to go back to using your respective maiden names, once the divorce lawsuit is over and done with. Section 598.37 of the Iowa Divorce Code specifically mentions this clause.

Alimony in Iowa

Just the fact that you and your partner are involved in a divorce case need not necessarily mean that you have to pay or obtain financial support in the form of alimony. The necessity of such alimony payments can vary from one divorce case to another. The rulings of the Iowa divorce court are deemed to be legally binding in such issues. Whether alimony arrangements are required, and if so, the pattern of such payments crucially depends on several factors.

Chief among these are the manner in which marital properties have been distributed, the future employability of you and your spouse, and the time that either of you might require (if applicable) to start earning enough to become financially self-dependent. You can also come to a mutual consensus regarding the alimony-related issues with your spouse.

An additional issue might need to be addressed in your divorce lawsuit if you happen to have a minor child as a product of your marriage to your spouse.

Legally termed as the 'child custodial duties,' this can be agreed upon by the contesting parties (i.e. your wife/husband and yourself). The divorce courts of Iowa can also issue directives regarding these matters, which are deemed final.

Before actually granting the custodial rights to either your spouse or yourself, the respective suitability of both of you (as a parent) is judged by the legal authorities of Iowa. How close the two of you might be living after the divorce is also a deciding factor, as also are the personal wishes of your kid (given his/her age and mental maturity). Care is taken at all times to keep the child protected from all probable psychological ill-effects that your separation from your partner might have on him/her.

The State of Iowa has a detailed and a well-documented system in place for the proper handling of divorce lawsuits. If you are indeed convinced that your married life has been damaged beyond recovery, the Iowa legal system can help you get the divorce that you want.