If you are considering getting divorced, you probably have questions about how the process works. Iowa law governs all aspects of the divorce process.
These are some of the most common questions about Iowa divorce law.
Does fault play a role in Iowa divorce?
Divorce in Iowa is “no-fault.” You can file to dissolve your marriage if there is evidence that the relationship has broken down and you do not believe you can repair the relationship. The person petitioning for the divorce does not have to assert that the other spouse did anything wrong.
Is there a waiting period for a divorce?
The law requires that 90 days must pass between the date the respondent receives dissolution of marriage papers and the date of the final divorce decree. However, the court may elect to waive the waiting period if written notice of an emergency or necessity justifies it.
How is property divided?
All marital property, regardless of the acquisition date, except for inheritances and gifts, is equitably divided by the court. The court may place part of the property in a fund intended for the maintenance, support and education of any minor children. The court considers several factors including each spouse’s contribution to the acquisition of the property, the length of the marriage, the value of property brought into the marriage and the emotional health and age of the spouses.
It is a good idea to familiarize yourself with how the divorce process works so that you know what to expect. A legal professional may be able to help you with any questions you have.