State of Iowa Divorce Law

Iowa Divorce & Family Law Summary

Introduction

The divorce laws of Iowa cover issues such as the division of marital property, child custody and support, spousal support, and the grounds for divorce.

To decide whether to file for divorce, you must first educate yourself on the basics of Iowa divorce law and its legal process.

This article offers a solid starting point for understanding Iowa divorce law’s legal principles and processes. Although it is not a substitute for consulting with an experienced divorce lawyer in your state, this summary will help prepare you for your initial consultation with a divorce lawyer.  

This Iowa state divorce summary covers the following legal areas:

• Residency Requirements

• Legal Separation

• Grounds For Divorce

• Legal Separation

• Division of Marital Property

• Child Custody

• Child Support

• Alimony – Spousal Support

• Divorce Mediation

• Legal Name Change

Residency Requirements:

At least one spouse must have been a resident of Iowa for at least one year immediately preceding the filing of the divorce petition. Suppose the grounds for divorce occurred in Iowa. In that case, the residency requirement can be waived even if the filing spouse has not lived in Iowa for a full year.

Grounds for Divorce

Iowa is primarily a no-fault divorce state. In Iowa, all that is required is for the parties to attest that their marital relationship has broken down to such an extent that there is no reasonable likelihood of reconciliation.

In Iowa, a spouse may file for divorce under the state’s no-fault or fault-based laws.

No-Fault Grounds

Under a no-fault divorce, there is no requirement to prove which party was at fault for the marital breakdown.

Fault-Based Grounds

As stated above, Iowa also recognizes fault-based grounds for divorce, which include the following statutory grounds:

• Adultery

• Willful neglect of duty

• Habitual drunkenness

• Any other grounds recognized by the court

No-Fault Is The Preferred Grounds: There are many good reasons for choosing the no-fault divorce option. It simplifies the process, is less contentious, takes less time, and is usually much less expensive.

Division of Marital Property

Iowa is an equitable distribution state.

The court divides marital property equitably between the parties after considering factors that can include:

• The age and physical and emotional health of the parties.

• The earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.

• The property brought to the marriage by each party.

• The contribution of each party to the marriage, giving appropriate economic value to each party’s contribution to homemaking and child care services.

• The desirability of awarding the family home or the right to live in the family home for a reasonable period to the party having custody of the children, or if the parties have joint legal custody, to the party having physical care of the children.

• The contribution by one party to the education, training, or increased earning power of the other; The earning capacity of each party;

• The length of time they were married.

• The amount and duration of an order granting support payments to either party or the property division should be instead of such payments.

Child Custody

In making a child custody decision, the court may provide for the parties joint custody of the child.

The court shall order the custody award, including liberal visitation rights where appropriate, to assure the child the maximum continuing physical and emotional contact with both parents.

After the parents have separated or dissolved their marriage, both parents are encouraged to share the rights and responsibilities of raising the child.

Suppose the court finds that a history of domestic abuse exists. In that case, the court will presume it does not serve the child’s best interest to award joint custody.

In considering what custody arrangement is in the best interest of the child, the court shall determine, among other factors:

• Whether one or both the parents agree or oppose joint custody.

• The geographic proximity of the parents.

• Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation.

• Have both parents actively cared for the child before and since the separation?

Can each parent support the other parent’s relationship with the child? If not, the parent must be dissuaded from engaging in parental alienation.

• Whether the custody arrangement is in accord with the child’s wishes or whether the child has strong opposition, considering the child’s age and maturity.

• Whether a history of domestic abuse exists.

• Whether the psychological and emotional needs and development of the child will suffer due to lack of active contact with and attention from both parents.

• Whether the parents can communicate with each other regarding co-parenting and the willingness of the parents to create a parenting plan.

Joint Legal Custody:

If joint legal custody is awarded to both parents, the court may award joint physical care to both joint custodial parents upon the request of either parent.

Before ruling on the request for the award of joint physical care, the court may require the parents to submit a proposed joint physical parenting plan, either individually or jointly.

Child Support

Child support is based on the parent’s net income and the number of children involved.

While many factors can be deducted from a parent’s income to determine a party’s net income, the following cannot:

• Housing Payments

• Vehicle Payments

• Savings And Stocks/Bonds

• Credit Card Debt – Monthly Payments

• Pension Plans

• Public Assistance Payments

Alimony – Spousal Support

In Iowa, alimony is intended to provide financial assistance to a lower-earning or non-earning spouse after a divorce.

Types of Alimony in Iowa

Temporary alimony may be awarded during the divorce proceedings to support a spouse until the court makes its final divorce decree.

Rehabilitative alimony is intended to support a spouse while they acquire the necessary education or job training to become self-sufficient.

Permanent alimony is granted for an indefinite time.

This is typically reserved for long-term marriages or to support a spouse who may not be able to achieve financial independence.

Factors Influencing Alimony

Iowa courts consider several factors when determining alimony, including:

• The length of the marriage

• The financial resources and needs of both spouses

• The standard of living established during the marriage

• The age and health of both spouses

• The contributions each spouse made to the marriage (including homemaking and child-rearing)

Divorce Mediation

On its motion or the motion of any party, the court may order the parties to participate in mediation in any dissolution of marriage action or other domestic relations activity.

The court has established a dispute resolution process in family law cases that includes opportunities for mediation and settlement conferences. Any judicial district may implement this dispute resolution program subject to the court’s rules.

Legal Name Change

Either party to a marriage may request, as a part of a decree of dissolution or annulment, a change in the person’s name to either the name appearing on the person’s birth certificate or to the name the person had immediately before the marriage.  

If a request for the name change was not made during the divorce proceedings, it could still be accomplished through a legal service after the divorce.

Learn About Recent Changes To Iowa Law From The Oflhatery Law Firm:

Iowa Family Law System – Domestic Relations

The district court has general jurisdiction over domestic relations cases. Iowa is divided into eight judicial districts.

Iowa’s Judicial Districts

Sources and References

Iowa State Bar Association

Iowa Judicial Branch

Cornell Information Law Institute

Iowa Interactive Divorce Forms

Iowa Divorce – Legal Aid

Child Custody Laws Iowa – Iowa Child Custody Laws. 

Council Bluffs Asset Division Lawyer, Simpson Legal Group, LLC.

Oflaherty Law Firm

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