How to File for Divorce in Iowa
In Iowa, divorces are filed in the Iowa District Court for the county where either spouse lives, and all filings are made through the state’s eFile (EDMS) system. Iowa is an equitable distribution state, so judges divide marital assets and debts in a way that is fair (not automatically 50/50). Most cases proceed no-fault.
Requirements to File
At least one spouse must be a resident of Iowa.
• If your spouse (the Respondent) lives in Iowa and is personally served, there’s no minimum residency period for the filing spouse.
• If your spouse does not live in Iowa, the filing spouse (Petitioner) must have lived in Iowa for at least one year immediately before filing and state that in the petition.
File in the county where either spouse resides. There is no separation requirement to file.
Step-by-Step Process
Step 1: Choose your path and gather forms.
If you agree on everything (property, debts, and, if applicable, parenting), plan an uncontested case. Prepare the Petition for Dissolution of Marriage, Original Notice, Confidential Information forms, and a Financial Affidavit. If you have minor children, draft a Parenting Plan; many courts also require a parent education class (often called Children in the Middle).
Step 2: File via eFile (EDMS).
Create or log in to your EDMS account, upload your forms, and pay the filing fee (fee waivers are available if you cannot afford it). The clerk issues your case number and file-stamped documents.
Step 3: Serve your spouse.
Arrange personal service by sheriff or a professional server, or use a signed Acceptance of Service if your spouse cooperates. If you cannot locate your spouse after diligent efforts, ask the court for alternative service (such as publication).
Step 4: Observe timelines and disclosures.
Your spouse typically has 20 days after service to file an Answer (longer if served out of state). Exchange complete financial information early; organized disclosures prevent delays and help settlement.
Step 5: Cooling-off period and settlement.
Iowa has a 90-day waiting period before a decree can be entered, starting from service or acceptance of service. The court can waive or shorten it in emergencies. Use this time to finalize your Marital Settlement Agreement and any required child support/custody orders.
Step 6: Finalize your decree.
Submit your signed settlement and proposed Decree of Dissolution through EDMS. If everything is in order, many uncontested cases are finalized on paperwork; otherwise, the court may set a brief hearing. Get certified copies of the Decree for your records and to update accounts, insurance, and names.
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FAQs
Do we need to be separated before filing in Iowa?
No. Iowa does not require a separation period to file.
Which court handles divorces in Iowa?
The Iowa District Court in the county where either spouse resides.
How long does an Iowa divorce take?
There is a 90-day waiting period from service or acceptance before a decree can be entered (sometimes waived for emergencies). Uncontested cases often finalize shortly after that if paperwork is complete.
