Iowa courts online divorce8/27/2023 Iowa has tried to make divorce a simple enough process that you may be able to obtain the proper forms and complete the entire procedure on your own. You may not even need to hire a divorce attorney to guide you through the process, potentially saving hundreds or thousands of dollars in legal fees. If you can begin the divorce process without any unresolved issues between you and your spouse, you will find the entire process much less troublesome and costly. While negotiating may help produce an acceptable settlement, there is no assurance that negotiating may help.Įven if you hire an experienced divorce lawyer, there is no guarantee that the outcome of the trial will be in your favor. Your attorney and your spouse’s attorney may engage in a protracted bargaining process. Discovery can be a time-consuming process in which both parties’ claims are thoroughly investigated using witness interviews and other evidence. This is a complex legal process that often necessitates both sides hiring an attorney.Īlthough an attorney is probably much more knowledgeable about participating in a trial or other legal procedures, they often charge considerable fees for their services.īoth legal teams are likely to engage in a discovery process. At the trial, a jury or a judge will listen to the arguments of you and your spouse before issuing a judgment. If you and your spouse cannot resolve your issues, then you will have to engage in a trial. Step 3: Contested or Uncontested divorce? Contested Divorce (High Cost) a legal trial is a complicated procedure for which you will probably require an attorney to manage and represent your interests. In the case where you and your spouse have an ongoing conflict about issues like property division, child custody or alimony, and your spouse files an Answer that disputes the terms of the original petition, then the judge may force you and your spouse to proceed to a trial. If your spouse files an Answer to Petition for Dissolution of Marriage with no Minor or Dependent Adult Children or a General Answer with the court but agrees with all of the terms of the Petition, this is considered an uncontested dissolution of marriage. The judge may choose to grant the divorce according to the terms of the Petition without any further input from your spouse. If your spouse fails to respond to the Petition for Dissolution of Marriage within 20 days, the court may assume that your spouse agrees with the terms of the Petition. ![]() Once you have served your spouse with the divorce papers, your spouse must answer the Petition within 20 days or face losing certain rights. If the court approves, you may place a notice in a local newspaper to satisfy the service requirement. Notice by Publication-if you cannot locate your spouse, you may petition the court to use Notice by Publication. Your spouse must sign the forms and return them to you to complete this form of process service. Mail-if the sheriff cannot locate your spouse, then you may attempt to serve your spouse by certified mail. a process server from the sheriff’s office will then serve the papers on your spouse. Service process-after filing the Petition for Dissolution of Marriage, you must provide a copy of all divorce documents to the local sheriff’s office. Iowa law requires that you serve notice of the divorce proceeding on your spouse in a timely manner. To use these forms, you cannot have any minor children in the household. Iowa has divorce forms for petitioners who wish to represent themselves. Make at least two copies of all documents (one set for yourself). You must pay the appropriate filing fee when you submit the petition. Step 1: Starting the Iowa divorce processĪ 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. ![]() No one has to be at fault for the marriage to be dissolved.Īs long as your spouse has lived in Iowa for the past 12 months, you may file for divorce in an Iowa county court. You only need to prove to the court that your marriage is irretrievably broken and cannot be repaired.īoth parties do not have to desire a divorce for one to be granted. Start your divorce online today for just $299.
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