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.
If you use our free Iowa Child Support Calculator, you will be provided with a list of lawyers in your area who handle these cases. View Privacy Notes
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.
We recommend that you contact a family law attorney who is using Iowa Support Master software. Use our free Iowa Child Support Calculator — the results will list lawyers in your area who accept dissolution cases and use Iowa Support Master.
Custody Options
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.
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.
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.
Child Support
If you have children, child support will be ordered. Iowa law requires the court to order child support. You may use our free Iowa Child Support Calculator to get an idea of what support might be in your situation — but every case is different. Only a trained Iowa lawyer using Iowa Support Master can give you an accurate and reliable child support result.
Get a free estimate of your Iowa child support obligation.
Free Child Support Estimator →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.
Our free child support results are an estimate only and are not admissible in court.
Information Gathering Form (PDF) →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.