Do I need my spouse’s agreement to get a divorce in Iowa?
No. Iowa is a no-fault state, so you may proceed even if your spouse does not agree.
How long does it take to finalize a divorce in Iowa?
At least 90 days, due to the waiting period, but cases involving custody disputes or significant property division may take longer.
Can I file for divorce in Iowa if I just moved here?
If your spouse already lives in Iowa, you may file immediately. If not, you must live in Iowa for 1 continuous year before filing.
Legal Process in Iowa
Step 1: File Petition & Pay Fee
File a petition for dissolution of marriage in the Iowa district court and pay the filing fee.
Step 2: Serve Divorce Papers
Your spouse must be formally served with divorce papers by a sheriff, process server, or through acceptance of service.
Step 3: Exchange Financial Information
Iowa law requires full disclosure of assets, debts, income, and expenses. Both parties may need to attend court-ordered mediation for custody or property issues.
Step 4: Settlement or Court Decision
If spouses reach an agreement, they may submit a stipulated decree for court approval. If not, the case goes to trial and a judge decides.
Step 5: Final Decree of Dissolution
After the 90-day waiting period (unless waived), the judge issues a Decree of Dissolution of Marriage, which finalizes custody, property, support, and all other matters.
Key Iowa Divorce Features
- No-fault divorce—no need to prove wrongdoing
- 1-year residency requirement (unless spouse already resides in Iowa)
- 90-day waiting period before finalization (with limited exceptions)
- Equitable distribution of property (not automatic 50/50 split, but what is “fair”)
- Court-determined custody based on the best interests of the child