What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Iowa Divorce Records
- What Are the Residency Requirements for Divorce in Iowa?
- What Are the Grounds for Divorce in Iowa?
- How Much Does It Cost to File for Divorce in Iowa?
- How Long Is the Waiting Period for Divorce in Iowa?
- How To File for Divorce in Iowa?
- Are Divorce Records Public in Iowa?
- How To Get Certified Copies of a Divorce Decree in Iowa?
- Divorce Settlement: Is Iowa a 50/50 State?
- FAQs about the Divorce Process in Iowa
Iowa Divorce Records
In 2022, Iowa reported a divorce rate of 2 divorces per 1,000, below the national average of 2.4 per 1,000 and also representing a decrease from the rates reported for the previous year. Data also indicates that there are notable differences in divorce rates recorded among various ethnic groups within the state, with African American and Mixed populations experiencing higher rates compared to other ethnicities.
Divorce records in Iowa are considered public records, making them accessible to any interested party. These records are maintained by the Clerk of Court in the county where the divorce was finalized and are categorized into two main types:
- Decrees of Dissolution of Marriage: also referred to as "divorce decrees", these are the actual court orders that finalize a divorce. Divorce decrees typically contain comprehensive information about the divorce, such as the names of the couple, the date and location of the divorce, and details on their settlement agreement (child custody, visitation, and support). These documents are often used as official proof of the divorce.
- Divorce Case Files: this consists of all documents filed or generated during the divorce proceedings, including the divorce decree.
What Are the Residency Requirements for Divorce in Iowa?
Per Iowa Code Section 598.5, there is no residency requirement for filing for divorce in Iowa if your spouse (the respondent) currently resides in the state and would be personally served the divorce papers. However, if the respondent is not an Iowa resident, then you (the petitioner) must have lived in the state for at least one year.
What Are the Grounds for Divorce in Iowa?
In Iowa, a divorce may be granted because the marriage has irretrievably broken down with no reasonable chance of reconciliation. The state recognizes "no-fault" divorces, meaning that the spouse filing for divorce does not have to assign blame or prove any specific wrongdoing by the other spouse; nonetheless, they still need to provide evidence that the marriage is irretrievably broken down. This differs from fault divorces, where one spouse must prove that the other is responsible for the marriage's failure due to specific actions (such as adultery, cruelty, or abandonment).
How Much Does It Cost to File for Divorce in Iowa?
Divorces in Iowa cost an average of $9,240 per person, lower than the national average of $9,970, as well as the neighboring states of Missouri and Illinois, where divorces cost an average of $10,184 and $10,334, respectively.
The overall divorce cost includes a standard $265 filing fee, while other expenses are usually determined by the complexity of the case. These typically include:
- Process server fees
- Attorney fees
- Document preparation services
- Mediation costs
- Forensic accounting costs
- Joint property and debts division
- Family therapy/parent class costs
- Spousal and child support calculations
- Relocation expenses
How Long Is the Waiting Period for Divorce in Iowa?
Iowa law stipulates a mandatory 90-day waiting period from the date the respondent was served with divorce papers before a divorce decree may be issued. However, the court may waive the waiting period at its discretion, if both parties meet certain conditions.
Note that this waiting period differs from a separation period, which generally refers to the time a couple has to live apart before filing for divorce. While couples may choose to separate before or during their divorce, there is no requirement for this in Iowa.
How To File for Divorce in Iowa?
Here are the basic steps involved in filing for divorce in Iowa:
- Meet residency requirements (if your spouse is not currently an Iowa resident, then you must have lived in the state for at least one year).
- Complete the appropriate divorce forms.
- File the completed forms with the Clerk of Court (in the county where you and/or your spouse currently reside).
- Serve your spouse with copies of the divorce papers.
- Depending on your specific situation, you may need to complete other necessary steps, like filling out a Financial Affidavit (and other paperwork), and attending mediation and parenting courses.
- If you and your spouse agree on all issues, you may draw up a settlement agreement and submit it to the court for approval. Note that you will typically still have to wait out the 90 days before the divorce can be finalized. However, if there are contested issues, such as custody or property division, you may be required to attend one or more hearings to present your case before a judge.
- After all issues have been resolved (and the waiting period has passed), the court will issue a Decree of Dissolution of Marriage, which finalizes the divorce and officially ends the marriage.
The Iowa Judicial Branch and Iowa State Bar Association provide free resources that may be helpful in gaining more insight into Iowa's divorce procedure.
Are Divorce Records Public in Iowa?
Per Iowa's Open Records Law, divorce records are considered public records, meaning that they may be examined and copied by any interested member of the public. However, certain sensitive information contained in the divorce case file may be restricted to only the couple, their legal representatives, and other specific authorized individuals. Examples of this sensitive information include child support agreements, personal financial information, mediation communications, and any documents sealed by court order.
How To Get Certified Copies of a Divorce Decree in Iowa?
Iowa divorce decrees are official documents that detail the terms of a divorce; they also serve as official proof that the divorce occurred (similar to divorce certificates in other states).
You may obtain a certified copy of an Iowa divorce decree by contacting the Clerk of Court in the county where the case was filed. You will typically be required to provide information that can be used to locate the record, such as a case number or the names of the parties involved, and pay a $30 certification fee (additional charges may apply, especially if you require extra copies of the document). Be aware that the actual records request procedure (and processing timelines) may vary by court, so it is advisable to reach out to the Clerk of Court's office beforehand to ensure a hassle-free process.
Divorce Settlement: Is Iowa a 50/50 State?
Iowa follows an "equitable distribution" system, where the court divides property fairly (but not necessarily equally) during a divorce. As such, the property division is not done on a strict 50/50 basis, unlike the "community property" system (followed in certain other states), where property is split equally between spouses.
Note that, under Iowa law, property acquired before or after the marriage (except for gifts and inheritances) is included in the division. Several factors are also considered when determining the equitable amount for each party, such as:
- The length of the marriage
- Each spouse's contribution to the total property
- Each spouse's age and health
- Each spouse's earning capacity
FAQs about the Divorce Process in Iowa
Here are answers to some frequently asked questions about the divorce process in Iowa.
How Do I Modify a Divorce Decree in Iowa?
In Iowa, child, spousal, or medical support orders, and other provisions of divorce decrees issued under Iowa Code Chapter 598 may be modified if the court determines that there has been a substantial change in circumstances. You may request this modification by applying to the court that issued the decree and outlining the change in circumstance necessitating the request, such as a change in employment status, relocation, or the remarriage of your ex-spouse. The court will review the application (you may need to attend a hearing for this), to determine if the change is substantial enough to justify amending the divorce decree and may either approve or deny the modification request.
How Do I Enforce a Divorce Decree in Iowa?
If your ex-spouse fails to comply with the provisions of your divorce decree in Iowa, you can file an action against them in the court that issued the order. If the court determines that they intentionally/deliberately refused to comply with the decree (finds them in contempt), it may enforce penalties, like income withholding, fines, and even jail time.
What Are the Restrictions to a Divorce Decree in Iowa?
Under Iowa law, several provisions of a divorce decree, including orders for child custody, and visitation, as well as child, spousal, or medical support orders may be modified at the request of either party, provided they can prove a substantial change in circumstances. However, property divisions are generally not subject to modification.
Can I Efile My Divorce in Iowa?
Yes, you can e-file your divorce in Iowa. E-filing is mandatory for all cases, except where specifically exempted – this applies to both attorneys and self-represented parties. You will typically need to register an account on the Iowa Judicial Branch's e-filing platform (if you do not already have one). There is no cost for registering the account; however, you must pay all stipulated filing fees.
How Do You Serve Divorce Papers in Iowa?
In Iowa, the most common method of serving divorce papers is "personal service", where the papers are directly delivered to the other party (the respondent), usually by a sheriff or process server. If the respondent cannot be found after reasonable efforts, then "service by publication" may be used – this method typically involves publishing a notice in a local newspaper for a specified period. Once the papers have been served, you will typically be required to file a "proof of service" with the court.
Does Iowa Mandate Couples to Participate in Divorce Mediation or Counselling?
Mediation is generally voluntary for divorces in Iowa; however, in certain cases, the court may require mediation sessions before issuing a divorce decree. The couple may choose the mediator or get one appointed by the court (they still have to bear the cost of the mediation). Mediation sessions are generally considered confidential and each spouse may have their attorney present during the sessions. However, any agreement reached from the mediation is not considered enforceable until it has been approved by the court.
How Do I Seal My Divorce Records in Iowa?
While divorce records are generally considered public in Iowa, you may file a motion with the court of jurisdiction to seal your divorce records. You may either request that the entire record be sealed, or only specific parts of the divorce case file, such as the details on mental health issues, abuse-related information, financial information, and other sensitive personal details. The court will typically schedule a hearing, during which you may present your case. Several factors are also considered before the motion is granted or denied, such as the need to protect sensitive information and whether public access to the records could lead to potential harm.
How Does Iowa Calculate Alimony?
Iowa does not use a strict formula for calculating spousal support. Instead, the decision on whether to award spousal support, the amount to award, and if the support would be for a limited or indefinite period, is determined on a case-by-case basis after the following factors are considered:
- The length of the marriage
- The age and health of both parties
- How the couple's property was distributed (between them)
- Each spouse's education level at the time of marriage and time of filing
- The earning capacity of the spouse requesting support
- Whether the requesting party can become self-supporting at a standard of living similar to what obtainable during the marriage
- The tax impact on both spouses
- Mutual agreements made by both spouses concerning financial or service contributions
- The terms of a prenuptial agreement (where applicable)
- Any other factors the court may find relevant
Be aware that spousal support orders in Iowa may be modified or terminated if one party can prove to the court that there has been a change in circumstances substantial enough to justify this action. This may be a change in employment status or the remarriage of the receiving party.
How Do I Access Historic Divorce Records in Iowa?
Individuals looking for historic divorce records in Iowa records, whether for genealogy, academic research, or personal reasons, may access these records by contacting the Clerk of Court in the county where the divorce was granted. Divorce records from 1906 – 1949 may also be accessed through the State Historical Society of Iowa.
