Divorce in Iowa: everything you need to know
This article explains what you need to know when going through a divorce in Iowa.
Summary
Iowa is a “no-fault” divorce state, meaning that you’re no longer required to prove your partner committed any wrongdoing to receive a divorce.
Divorces in Iowa can be contested or uncontested, and the route you choose will impact the cost.
The median cost of divorce in the US is $7,000; however, this can fluctuate massively depending on your situation.
A financial advisor can help you navigate your finances during a divorce and rebuild afterward.
What are the different types of divorce in Iowa?
Iowa is a “no-fault” divorce state. This means you do not have to prove your partner committed any wrongdoing to receive a divorce. Instead, your marriage can be dissolved if there is evidence it has broken down and there is no likelihood it can be saved.
There are two main types of divorce in Iowa: uncontested and contested.
An uncontested divorce occurs when both parties are in agreement on all aspects of the divorce, including property division, alimony, child custody, and child support. This typically involves filing a joint petition for divorce and submitting a written agreement detailing the terms. Compared to a contested divorce, it is generally faster, more cost-effective, and less stressful.
On the other hand, a contested divorce arises when there are disagreements between the spouses on one or more issues. In this scenario, separate petitions for divorce must be filed, and the responding spouse will need to provide an answer and potentially a counterclaim. Contested divorces often involve discovery, motions, hearings, and potentially a trial. They are typically more complex, expensive, and time-consuming than uncontested divorces.
How much does a divorce cost in Iowa?
The cost of divorce in Iowa depends on many factors, such as whether you have children, whether you agree to the terms of the divorce, and whether you hire a lawyer.
Some of the costs you may have to pay include:
Filing fee: The filing fee for a divorce in Iowa is $265, but you may qualify for a fee waiver if you have a low income. You can apply for a fee waiver by filling out a form and submitting it to the court with proof of your income and expenses.
Service fee: The service fee for a divorce in Iowa varies depending on how you serve your spouse. If you use personal service, you may have to pay the sheriff or the private process server a fee, which can range from $20 to $100 or more. If you use certified mail, you may have to pay the postal service a fee, which can be around $10 or more.
Mediation fee: The mediation fee for a divorce in Iowa depends on the mediator you choose and the length of the mediation session. Some mediators charge by the hour, while others charge a flat fee. The average mediation fee in Iowa is about $200-$250 per hour, but it can vary widely. Again, you may qualify for a fee waiver if you have a low income.
Court costs: The court costs for a divorce in Iowa include the fees for copying, filing, and certifying documents, as well as the fees for subpoenas, transcripts, and witnesses. The court costs for a divorce in Iowa can range from $50 to $500 or more, depending on the complexity of your case.
Lawyer fees: The lawyer fees for a divorce in Iowa depend on the lawyer you hire, the services they provide, and the time they spend on your case. Some lawyers charge by the hour, while others charge a flat fee or a retainer. The average lawyer fee in Iowa is about $250 per hour, but it can vary widely. You may qualify for free or low-cost legal assistance if you have a low income.
How do you file for divorce in Iowa?
To file for divorce in Iowa, the respondent must be a resident of the state, or you must have lived in the state for one year.
Once you’ve cleared that hurdle, the process of filing for divorce in Iowa generally involves the following steps:
Prepare the divorce papers: Utilize the Iowa Interactive Court Forms website or obtain the necessary forms from the clerk of court in your county. Essential documents include a petition for dissolution of marriage, a confidential information form, a vital statistics form, and any additional forms pertinent to your case. Attachments such as your marriage certificate and supporting documents are required.
File the divorce papers: Submit the original and two copies of the divorce papers to the clerk of court in the county where either you or your spouse resides. A filing fee is applicable unless eligible for a fee waiver. Upon filing, a case number will be assigned, and a judge will be designated for your case.
Serve the divorce papers: Within 90 days of filing, serve a copy of the divorce papers to your spouse. Service methods include personal service facilitated by a sheriff or private process server or certified mail with return receipt requested. File proof of service with the court to confirm receipt by your spouse.
Wait for a response: Your spouse has 20 days from being served to file an answer and, if applicable, a counterclaim. In the absence of a response, you may request a default judgment from the court, granting the divorce based on your petition. If your spouse responds, further proceedings are required.
Attend mediation: The court may mandate mediation, a voluntary and confidential process facilitated by a neutral third party to resolve disputes. Mediation fees apply unless eligible for a waiver. Any agreements reached must be submitted to the court for approval. Failure to reach an agreement may necessitate trial.
Go to trial: In cases where disputes persist, trial becomes necessary. The judge will preside over the proceedings, considering evidence, witness testimony, and arguments presented by both parties. Cross-examination may be conducted. Following the trial, the judge will issue a decree of dissolution of marriage, finalizing the divorce and outlining its terms.
In Iowa, there is a mandatory waiting period of 90 days from the date the respondent is served divorce papers to when the court can enter its final decree.
How do you split assets in a divorce in Iowa?
One of the main issues in a divorce is how to divide the assets that you and your spouse own.
Assets can include real estate, vehicles, furniture, jewelry, bank accounts, retirement accounts, stocks, bonds, and other investments.
In Iowa, the court will divide your assets according to the principle of equitable distribution, which means the court will try to divide them fairly but not necessarily equally.
The court will consider various factors when dividing your assets, such as:
The contribution of each spouse to the acquisition, preservation, or improvement of the assets, including the contribution of a spouse as a homemaker or a parent
The value of each spouse’s separate property
The length of the marriage
The age and physical and emotional health of the spouses
The economic circumstances of the spouses
The tax consequences of the asset division
The debts and liabilities of the spouses
The prenuptial or postnuptial agreements of the spouses, if any
Any other relevant factors
It’s important to note the court will only divide the assets that are considered marital property and will not divide the assets that are regarded as separate property, which is any property that you or your spouse owned before your marriage or that you received as a gift or inheritance during your marriage.
How does alimony work in Iowa?
Alimony is not automatic in Iowa, and the court may or may not award it, depending on the circumstances.
When determining alimony awards, the court takes into account various factors, including:
The duration of the marriage
Each spouse's earning capacity
Current and anticipated income of both parties
The age, health, and emotional well-being of each spouse
Educational background and vocational training of each spouse
Assets and liabilities held by each spouse
Tax implications associated with alimony
Any pre-existing agreements between the spouses
Other pertinent factors deemed relevant by the court
Different types of alimony may be granted, such as:
Temporary alimony, intended to support the lower-earning spouse during the divorce proceedings
Rehabilitative alimony is provided for a set period to assist the lower-earning spouse in obtaining education, training, or employment
Reimbursement alimony, compensating the lower-earning spouse for contributions to the other spouse's education, training, or career
Traditional alimony, ongoing support to maintain the lower-earning spouse's standard of living
The amount and duration of alimony are determined on a case-by-case basis.
What happens to children during a divorce in Iowa?
In Iowa, the court will make decisions regarding child custody, visitation, and support based on the best interests of the children; it will consider various factors, including:
The wishes of the children, if they are old enough and mature enough to express them
The wishes of the parents, if they are reasonable and consistent with the children’s best interests
The relationship of the children with each parent and their siblings
The stability and continuity of the children’s home, school, and community
Any other relevant factors
The court may order joint or sole custody, depending on the situation.
How to protect your finances when going through a divorce in Iowa
Navigating the complexities of divorce, particularly concerning finances, can present significant stress and challenges. Amidst uncertainties, safeguarding your assets and securing your financial future becomes paramount.
Here's some tips on how you can protect your finances during divorce:
Organize your finances: Prior to initiating divorce proceedings, compile all important financial documentation, including tax returns, bank statements, credit card bills, and retirement accounts. It’s also wise to catalog both marital and non-marital assets and liabilities. This comprehensive overview will facilitate equitable negotiation of property and debt distribution with your spouse.
Consider mediation: Opting for mediation entails collaborating with a neutral third party to resolve divorce-related issues such as property division, alimony, and child custody. Compared to litigation, mediation typically consumes less time and incurs lower costs.
Evaluate Social Security benefits: If your marriage spanned at least a decade, you may qualify for Social Security benefits based on your ex-spouse's earnings record. This can provide valuable supplementary income during retirement, particularly if your former spouse had a higher income. However, eligibility criteria must be met to avail of this benefit.
Consult financial professionals: A financial advisor can assist you in navigating the transitional phase, crafting a post-divorce budget, and devising a long-term financial strategy aligned with your objectives and aspirations.
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