Filing For Divorce in Iowa

1. What are the residency requirements for filing for divorce in Iowa?  
You or your spouse must have been a resident of Iowa for at least a year before filing for divorce. You also have to specify in which county you lived, and you have to state in your petition that you didn’t become a resident of Iowa just for the purpose of getting a divorce there.  

2. Does Iowa have a waiting period?       
Yes, the court will not grant you a divorce until at least 90 days after you filed, unless there is some reason that the court agrees is urgent enough to warrant hearing your case sooner.  

3. Does the state have grounds for divorce?  
In Iowa, you can file for divorce on the grounds that there has been a breakdown in your marriage and there is no reason to believe that your marriage can be saved.  

4. How does Iowa determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.
 
The court will look at what is most equitable, or fair, in dividing your property. In Iowa, the court will divide all of your property except what you or your spouse received as a gift or inheritance. In deciding what is fair, the court will consider:

• How long you were married.
• The property you and your spouse each brought to your marriage.
• You and your spouse’s contributions to your marriage, including caring for your home or children.
• You and your spouse’s ages and physical and emotional health.
• What contribution you or your spouse might have made to the education or career of the other.
• You and your spouse’s earning capacities, including your education, training, work experience and how long you might have been out of the job market. 
• What responsibilities you or your spouse will have toward your children.
• How long it would take and how much it would cost for you or your spouse to get the education and training necessary for a job that would offer you a standard of living.
• Similar to what you had while you were married.
• Whether it would be best to give your home to you or your spouse so that your children can live in that home with you.
• Any alimony awarded in your case and whether property should be awarded instead.
• You and your spouse’s economic circumstances, including pension benefits the tax situation that each of you would face after a division of property.
• Any written agreement between you and your spouse regarding your division of property the terms of a prenuptial agreement, if you have one.
• Any other factors the court decides are relevant.

5. Does Iowa require mediation before a divorce is granted?  
Mediation is not required in Iowa, but the court may order it in your case if necessary.