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Uncontested Divorce in Iowa

Requirements for an Uncontested Divorce in Iowa

To qualify for an uncontested divorce (called “dissolution of marriage”) in Iowa, the following must apply:
 

  1. Residency

    • Either spouse must have lived in Iowa for at least one year before filing (unless both spouses file together).

    • If you file alone, you must meet the 1-year residency requirement.
       

  2. Grounds for Divorce 

    • Iowa is a no-fault divorce state. The only requirement is that the marriage is “irretrievably broken.”

    • No proof of misconduct is required.
       

  3. Full Agreement:

    You and your spouse must agree on all issues:

    • Property and debt division

    • Spousal support (alimony)

    • Child custody and parenting time (if applicable)

    • Child support

​​

Steps to File for an Uncontested Divorce:

  1. Prepare the Divorce For

You can complete Iowa’s divorce forms online or by paper. Required forms include:

  • Petition for Dissolution of Marriage

  • Confidential Information Form

  • Original Notice for Personal Service

  • Financial Affidavits

  • Settlement Agreement

  • Child Support Worksheet and Parenting Plan (if applicable)

    Use Iowa’s official self-help website: https://www.iowacourts.gov/for-the-public/representing-yourself/divorce/

     

2. File the Forms

  • File with the Clerk of Court in the county where either spouse resides.

  • Filing can be done online via the Iowa eFile system (you must register for an account).

  • Pay the filing fee, usually $265.

  • You may apply for a fee waiver using Form FL-109 if you can’t afford the cost.



3. Serve Your Spouse

  • If you’re not filing jointly, the other spouse must be served.

  • Options include sheriff service, private process server, or your spouse may accept service and sign an Acceptance of Service form.


4. Submit Financial Disclosures

  • Both parties must submit Financial Affidavits.

  • These include details of income, expenses, property, and debts

5. Waiting  Period

  • Iowa law requires a 90-day waiting period after your spouse has been served (or signs the acceptance form) before the court can finalize your divorce.

  • This can sometimes be waived for hardship or emergencies.
     

6. Submit Final Decree

  • If both parties agree and all documents are submitted, the judge may approve the divorce without a hearing.

  • If a hearing is required, it’s usually brief and straightforward.

Cost Considerations

  • Filing Fee: ~$200–$265
     

  • Service Fee: ~$50–$100 (unless waived or accepted)
     

  • Attorney Flat Fee: Usually $500–$1,200 for uncontested divorce
     

  • Online Divorce Services: Typically $150–$300
     

  • Fee Waiver: Use form FL-109

Important Considerations

  • With Children:

    • Parents must complete and file a Parenting Plan

    • Submit Child Support Guidelines Worksheet

    • Many courts require parents to complete a parenting education class

  • Legal Advice Recommended:

    • Even in uncontested cases, a lawyer can help ensure your rights are protected—especially if retirement accounts, real estate, or child-related issues are involved.

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