Iowa Divorce Information — Alft & Wilson Publishing

General Iowa Divorce Information

Nothing on this page is intended as legal advice. We do not provide legal advice and will not answer questions. Contact a licensed Iowa family law attorney for advice. Most lawyers will provide a free initial consultation.

Summary of Iowa Divorce Law

Iowa is a "no-fault" state. No proof as to why your marriage failed is required.
Iowa Code Chapter 598 provides the laws governing divorce in Iowa. Search "Iowa Code Chapter 598" for the full text.
There is a filing fee charged by the Clerk of Court to start a divorce. This fee may be waived or delayed to the end of the case if you are without funds to pay it. You may be required to provide financial information in order to have the fees waived.
There is a fee for an annulment, separate maintenance, contested modification, or stipulated modification.
If your spouse will not accept service, you may spend $100 or more having the papers served.
If your spouse is not a resident of Iowa, the party filing the petition must have been a resident of Iowa for the past year.
There is a 90-day waiting period from the day of service upon your spouse to the date a decree may be entered. This waiting period may be waived under certain circumstances.
You may be required to participate in mediation.
If either party requests conciliation counseling, the court will order it unless there are allegations of abuse.

Custody Options

Sole Custody

One parent is awarded custody and has the full and complete power to make all decisions concerning the child. This typically applies when the other parent is incarcerated, addicted to narcotics, or is absent with no contact with the child.

Joint Custody

Legal custody is granted to both parents jointly, with primary care awarded to one parent. Neither parent has legal custodial rights superior to the other. Joint custody does not necessarily mean equal time — a typical arrangement is one parent having the children with the other receiving visitation every other weekend, holidays, and several weeks in the summer.

Joint Physical Care (Shared Care)

Legal custody is given to both parents as joint legal custodians and the parties share parenting time. Neither parent has physical care rights superior to the other.

How Is Child Support Calculated in Iowa?

There are many factors that go into calculating child support: income of the parties; how many children are involved; whether either party has other children they are supporting; health insurance; union dues, and more. Iowa adopted Guidelines specifying how child support must be calculated in Iowa cases.

Because of the complexity of calculating child support in Iowa, you would be best served by seeking professional assistance. If you have the funds, hiring a lawyer is wise. If you are of limited means, call on an "Unbundled Services" lawyer for assistance.

The lawyers using Iowa Support Master can provide you with an estimate, but to arrive at an accurate and reliable number they will need detailed information from you. You can assist them — and get an idea of what information is needed — by using our Information Gathering Form.

Spousal Support — Alimony

Like child support, many factors go into how spousal support is determined in Iowa. Spousal support is a court-ordered provision for support based on financial need. It can be temporary, short-term, or permanent.

Duration of the marriage.

Standard of living during the marriage.

Any agreements the parties had (prenuptial or during the marriage) that promised one spouse would compensate the other for contributions to a career.

Financial resources of both parties (determined after division of assets).

Training or education the receiving spouse would need to sustain employment.

Earning capacity of the spouse seeking support, including length of absence from the job market, skills, education, and experience.

Whether the receiving spouse is responsible for children of the marriage.

Relevant tax consequences.

The age, physical, and mental health of both spouses.

A family law lawyer in Iowa can help you with this — and Iowa Support Master will provide your lawyer with guidance.

Common Law Marriage

Common law marriage may exist even if the parties did not have a wedding or marriage license. Factors that may apply include:

The couple told others they are married (and are not married to anyone else).

They live together as husband and wife.

They share a last name.

They have joint bank accounts.

Family and friends believed they were married.

Short on Cash?

There are options. Ask the attorney if she/he will accept payments. Use a credit card to set up automatic monthly payments (this can be done via PayPal.com). Older, experienced attorneys usually charge more — younger, newly licensed lawyers may charge less. Call around and ask. Consider seeking out a lawyer who provides unbundled legal services, offering limited representation at reduced cost.

Common Questions

What information do I need to get a child support calculation?

Use our Information Gathering Form as a start. Complete it as accurately as possible — providing false or misleading information serves no purpose and may lead to penalties. Take it to an attorney to help them get started.

My spouse says he can get this done without both of us hiring lawyers. Is that a problem?

It is possible for one party to be represented and the other not — but this may not be wise if you are the unrepresented one. Call around, ask about a free consultation. Even $150 for advice may be money well invested; you may find things aren't as fair for you as they appear.

May we use your software to prepare a Form 1?

We may sell you a limited use license. Contact us for details.

May we just agree on a child support amount?

Yes, but only if the amount is calculated pursuant to the Child Support Guidelines. The judge will require a complete Form 1. If the number is not calculated according to the rules, the judge will not approve it.

Why hire a lawyer?

Because sooner or later, you will not be happy with the decree. Once entered, the case is generally over — you cannot go back and fix things. If you have children, resolving custody, visitation, and child support based on expert legal advice is critical. Failing to do so leads to regrets and future litigation.

How should I prepare for my divorce?

Get your information together. Use our dissolution information gathering form. Be honest in your responses and take it to the lawyer of your choosing.

What does a divorce cost?

Most lawyers offer a free initial consultation and charge by the hour — the more calls you make, the higher your bill. Ask what they charge before committing. When you visit a lawyer, ask:

1How much do you charge per hour?

2Will you personally handle my case or will it be passed to someone else in the firm?

3When I have questions, may I call you — and will you return my calls?

4Do you have a fee contract I can look over?

Will the judge help me do this?

No. Judges are bound by ethical rules and are not permitted to give legal advice. They decide cases based on information provided by the parties and cannot help you prepare the paperwork needed to obtain a divorce.

Can't I just buy one of those Do-It-Yourself Divorce Kits?

Technically yes, but it is a bad idea. Make some calls — find a lawyer who will provide a free consultation. So what if it costs $100 or $200? Spending an hour with a lawyer going over your situation will be well worth it.