how to file for divorce in iowa without a lawyer

by Dedrick Kutch 6 min read

Six steps to an Iowa divorce.

  • Initiate the divorce process.
  • Notify your spouse.
  • Decide whether to pursue an uncontested divorce or a contested divorce.
  • Decide whether to hire an attorney or not.
  • Resolve the three big issues.
  • Finalize all paperwork.

Full Answer

Do you need a lawyer to get a divorce in Iowa?

The basic steps for filing your uncontested divorce are as follows:Complete the online interview.Review and sign your divorce papers.File a Petition for Dissolution of Marriage and related forms with the District Court Clerk in the Iowa county where either spouse lives.

Where can I find divorce forms in Iowa?

If you want to file for divorce or are responding to a divorce your spouse has filed without using an attorney, you must use the forms in chapter 17 of the Iowa Court Rules. The forms are available free of charge on this website. There is a set of forms for divorce with no minor or dependent adult children and a Guide (PDF) on using those forms.

How much does it cost to file for divorce in Iowa?

If you want to file for divorce or are responding to a divorce your spouse has filed without using an attorney, you must use the forms in chapter 17 of the Iowa Court Rules. The forms are available free of charge on this website.

Is Iowa a no-fault divorce state?

Feb 25, 2022 · Step 1: Starting the Iowa divorce process A divorce proceeding in Iowa begins with the filing of a completed Petition for Dissolution of Marriage with the Clerk of Court’s office in the Iowa county where you or your spouse reside. You must pay the appropriate filing fee when you submit the petition.

image

Can you get divorce in Iowa without a lawyer?

If you want to file for divorce or are responding to a divorce your spouse has filed without using an attorney, you must use the forms in chapter 17 of the Iowa Court Rules. The forms are available free of charge on this website.

What is the fastest way to get a divorce in Iowa?

Iowa doesn't have a special, expedited process for uncontested divorces. However, if you and your spouse are able to agree on all the issues, your case will move through the court system much more quickly than if you had to go to trial.

How do I file for divorce for free in Iowa?

You can file a divorce in Iowa without an attorney. The Iowa Courts website now has free forms for couples with children as well as the forms for couples with no children. You must use these forms to file a divorce in Iowa without an attorney. You should not pay for forms from other websites.

How much does a simple divorce cost in Iowa?

There is no separate process for an uncontested divorce in Iowa, and thus, there is no difference in cost to file for divorce, whether contested or uncontested. The current filing fee to be submitted with a petition for divorce in Iowa is $265.

Does Iowa require separation before divorce?

How long do you have to be separated before divorce in Iowa? While there is a 90 day waiting period between filing for divorce and when a divorce could be legally granted, Iowa does not have legal separation requirements.

Can I get a divorce without my spouse?

3. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Can you get divorced without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

How much does it cost to get a divorce if both parties agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

Can you get a divorce online in Iowa?

Iowa has two basic sets of online divorce forms for self-represented people to use. There are different forms couples should use when they don't have any minor children (meaning, underage children who are financially dependent on you).

How do I start the divorce process?

To start the divorce you will need to the following: File a document, called a Petition, to the Court to initiate the divorce process. Only one spouse can file for a divorce (the Petitioner). The other party is known as the Respondent. ... Apply for a Decree Nisi. Apply for a Decree Absolute.

How does a quick divorce work?

A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.Oct 6, 2021

How do I file for legal separation in Iowa?

In order to be considered legally separated you need to petition the court to grant you a legal separation and receive an order from the court stating that you are. After the Iowa court enters an order granting your legal separation you are considered legally separated.Aug 31, 2021

What is divorce in Iowa?

In Iowa, divorce is formally known as "dissolution of marriage," a term that is legally synonymous with divorce. Applicable Iowa laws may be found in chapter 598 of the Iowa Code, and forms are found in chapter 17 of the Iowa Court Rules. The forms are available free of charge on the Court Forms page of this website or by visiting Law Help ...

What is mediation in court?

Mediation is a method of alternative dispute resolution that allows the parties to work together with a neutral third party to come to a resolution outside of court. Before granting a dissolution, the court may require the parties to participate in mediation. The cost of mediation is the responsibility of the parties.

How to file for divorce in Iowa?

A divorce proceeding in Iowa begins with the filing of a completed Petition for Dissolution of Marriage with the Clerk of Court’s office in the Iowa county where you or your spouse reside. You must pay the appropriate filing fee when you submit the petition. Make at least two copies of all documents (one set for yourself).

How long does it take to get divorced in Iowa?

How Long? The minimum time to complete a divorce in Iowa is 90 days, but you should plan for a longer period due to judicial caseload. How much does it cost to file for divorce in Iowa? The current fee for filing a Petition for Dissolution of Marriage is $185.

What is mediation in Iowa?

Mediation in the Iowa divorce process involves a non-legal professional with expertise in conflict resolution. A mediator may be able to repair the marriage sufficiently enough to negate the need for a divorce or assist in producing an acceptable settlement that will expedite the divorce procedure.

What are the main points of contention in divorce cases?

The major points of contention in most divorce cases involve issues of property division, child custody or spousal support. If you plan on proceeding to a trial, here is some history of how Iowa courts typically adjudicate these issues.

Is Iowa an equitable distribution state?

other factors the court may determine to be relevant in an individual case . Iowa is an equitable distribution state, meaning that property is allocated according to what is fair and just.

What is the state of Iowa for child custody?

The state of Iowa makes child custody decisions based on the best interests of the child. Iowa courts grant legal custody, i.e. the right to make decisions about the day to day care of the child, to one or both parents. The other half of child custody judgments involves physical care which is actual possession of the minor. Physical care may include physical custody as well as visitation rights. Iowa courts prefer to grant joint custody to serve the best interests of the child.

What to do if you can't locate your spouse?

Notice by Publication—if you cannot locate your spouse, you may petition the court to use Notice by Publication. If the court approves, you may place a notice in a local newspaper to satisfy the service requirement.

Divorce in Iowa Without an Attorney

Many people worry about the cost of hiring a lawyer when deciding whether to get divorced in Iowa. The Iowa Supreme Court developed forms for people who cannot afford an attorney or do not want to hire one to get divorced.

Information

Many people worry about the cost of hiring a lawyer when deciding whether to get divorced in Iowa. The Iowa Supreme Court developed forms for people who cannot afford an attorney or do not want to hire one to get divorced.

How to apply for legal aid in Iowa?

To apply for help from Iowa Legal Aid: Call 800-532-1275. Iowans age 60 and over, call 800-992-8161. Apply online at iowalegalaid.org. If Iowa Legal Aid cannot help, look for an attorney on “Find A Lawyer” on the Iowa State Bar Association website iowabar.org.

What happens if you don't agree with a divorce?

A judge can tell you what you both must do. What the judge orders may be different from what you or your spouse wants. Your divorce will take longer if you have a trial.

What does a lawyer do?

A lawyer can help you understand what to do. A lawyer can tell you your rights. Pro Se or Self Represented Litigant are the terms used to mean a person is filing by themselves. The Iowa Judicial Branch has free forms you must use to file a divorce if you do not have a lawyer. Free Court Forms.

How much does it cost to file a divorce petition?

You must pay a fee to the Clerk of Court when the divorce Petition is filed. This fee is usually $265. You must pay a fee to the Sheriff if the Sheriff must give copies of the papers to your spouse. This fee is usually $40-50.

How much does a lawyer charge for divorce?

Lawyers charge different fees from city to city, and in different law firms. Lawyers often want $500.00 or more to start a divorce. When the parties cannot agree, a divorce costs more in lawyer's fees. A Court may ask one spouse who has more money to pay part or all of the fees. This may include some of the spouse's fees.

How long does it take to get divorced?

You must wait for 90 days after your spouse gets copies of the papers. After 90 days the Court may say you are divorced. Sometimes in special cases the Court lets you be divorced sooner. If there are problems to solve, it may take more than a year to be divorced.

Is Iowa a no fault state?

Iowa is a "no-fault" state. This means you do not have to prove your spouse caused your marriage to fail. Your spouse does not have to prove you caused your marriage to fail. The Court will let you get a divorce if you, or your spouse, say the marriage is broken and cannot be mended.

image