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Iowa
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Iowa Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Iowa Residency Requirement
According to the Iowa Divorce Laws and Iowa Divorce Guidelines,
to get divorced in Iowa, the spouse filing the case must have been
a resident of the state for one year before filing for divorce.
However, if the defendant has been personally served with the petition
for divorce and is a resident of Iowa, then there is no residency
requirement for the plaintiff.
Time To Divorce
There is a waiting period
of 90 days after filing the Iowa Divorce Forms and Iowa Divorce
Papers before a divorce will be granted
Place of Divorce (Venue)
The case may be filed in:
County where either spouse resides
Iowa Grounds for Divorce
Grounds for divorce:
Irretrievable breakdown of the marriage.
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Iowa, the Divorce Do
It Yourself Service will do divorces on an "Agreed" basis or a “Default”
basis.
- An Agreed Divorce
, defined by Iowa divorce guidelines and Iowa divorce laws, is
a scenario where the spouses agree on the terms of the divorce
such as Iowa property distribution, Iowa child support, or Iowa
child custody. Most of our clients (75%) prefer the Agreed Divorce
method and both spouses sign the divorce papers and are agreed
to the terms of divorce.
- A Default Divorce
, according to the Iowa divorce
guidelines and Iowa divorce laws, is a divorce where the other
spouse doesn’t sign the Iowa Divorce forms or Iowa divorce papers,
he/she doesn’t do anything at all with the divorce. They simply
default on the case and the spouse who files for divorce gets
whatever was asked for in the original paperwork.
Process to file for Divorce in
Iowa
There are only three basic procedural steps to a divorce:
- File Iowa Divorce Papers (Iowa Divorce
Forms)
- Notify Spouse of your filing for divorce
in Iowa
- Attend your Iowa divorce hearing
Iowa Child Custody
Simple Definitions: (source: Iowa divorce guidelines and Iowa divorce
laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Iowa Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Iowa divorce
customers. If a sole custody arrangement is to be considered, then
there is usually a reason agreed upon by both parties that
one parent is to have the children. Usually the financial status
of a parent is not to be considered for allocating any parental
rights and responsibilities. Shared Custody or Sole Child Custody
may be awarded according to the best interests of the child.
Iowa Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Iowa Child Support Guidelines. The guideline amount is presumed
to arrive at an amount of support that is in the child's best interest.
But, most divorcing spouses agree to a figure on their own, that
will work just fine. Also, in most situations, -0- Child Support
is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Iowa divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Iowa.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Iowa. It may
involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Iowa often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Iowa, fees must usually
be paid when you file the Iowa divorce forms and Iowa divorce papers
at your county courthouse. These fees vary between County to
County, so it is best to call them and ask what the fees are
in your County. Regardless of whether you are going through a divorce
service, using a Iowa divorce kit, using a divorce attorney (or
divorce lawyer), or doing a nearly free divorce in Iowa, you will
almost always be the one to cover the court fees which is standard
procedure.

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