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If you have considered filing for divorce in Iowa, you should have full knowledge of all your rights before signing any documents. A common mistake many Iowa couples make when filing for a dissolution of marriage is failing to learn about the rules and regulations governing the process. There are various details involved in the divorce process and requirements involving residency and property division that spouses must qualify before proceedings can even begin. The more you know about your rights, the more you can protect them.

Below are answers to common questions regarding the process of filing for divorce in Iowa that all couples should be aware of:

What are the Residency Requirements Prior to Filing for Divorce in Iowa?

The spouse who petitions for divorce must be a resident of the state for at least a year before initiating the action. If the spouse meets the requirement, then they may file for divorce in the county where either party resides.

Is There a Waiting Period?

Yes. There is a minimum 90 day waiting period between the time the Iowa divorce petition is served to the other spouse and the time the divorce decree shall be granted.

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What are the Legal Grounds for Divorce in Iowa?

In Iowa, spouses do not have to worry about citing a specific reason for their divorce petition. The state follows the “no fault” divorce rule, which means that a decree dissolving the marriage may be entered when the parties in question have provided sufficient evidence that the marriage is irretrievably broken and that there is no reasonable likelihood of reconciliation.

How is Property Divided in Iowa Following Divorce?

Iowa is an equitable distribution state, meaning that all property, except inherited property or gifts received by one party, will be divided equitably between the parties. However, there are other factors that come into play that may affect how the property is divided if one spouse refutes the proposal on how to split their assets. Courts will consider the length of the marriage, the earning capacity of each party, whether the couple has a prenuptial agreement detailing property division requests, and so on.

How Iowa Divorce Lawyers Can Help

Sorting out all the details of a divorce can not only be stressful, but without legal assistance, many things can go wrong. You may lose access to your rightful assets, encounter issues when establishing child custody and even forfeit alimony. Iowa divorce lawyers are experienced in the field of family law, dedicating their time to divorce and legal separation cases. They will protect your rights and ensure that the case finalizes as quickly as possible and with the best possible resolution.

But finding the right divorce attorney in Iowa for your specific case and who you can trust isn’t always easy. It can take a long time to find a reputable attorney who will fight for your rights diligently, but we are here to make sure that doesn’t happen.

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