Iowa Divorce Law Requirements
Divorce Requirements for Iowa Residents
To qualify for an Iowa divorce petition, the petitioner must have been a resident of the State for at least 12 months. There is a turnaround time of 90 days after filing the Iowa divorce papers before the divorce is finalized.
Iowa Grounds For Divorce
Iowa is a no-fault State. The only legal ground for the dissolution of marriage in Iowa is the irretrievable breakdown of marriage where there is no probability of a reconciliation. Without pointing out who’s at fault for the breakdown of the marital union, either spouse may file for a divorce using this no-fault ground citing that the marriage can no longer be preserved.
Child Custody Law in Iowa
In determining physical and legal custody, Iowa puts the child‘s best interests first. Although joint legal custody is usually awarded to both parents in ideal circumstances, several factors are being looked into in coming up with a legal decision that would serve the child’s general welfare.
Generally, Iowa child custody is decided upon by the court based on, but not limited to, the following:
- Suitability of each parent as a custodian for the child
- Whether the lack of communication and attention from both parents will negatively impact the child’s psychological and emotional development
- Whether the parents are willing and able to keep communication lines open with regard to the child’s general welfare
- Child’s wishes or strong opposition
- History of domestic violence or abuse
- Geographic proximity of the parents
- Guidelines for Iowa Child Support
The State of Iowa uses the Percentage of Income Formula in calculating child support. It is based on the percentage of income of the parent who is required to provide child support. The child support amount, though calculated based on a comprehensive set of guidelines, may be adjusted by the court in accordance to the child’s special needs.
Where to file for a divorce?
Iowa Divorce Forms may be filed by the petitioner either in the respondent’s county of residence or the petitioner’s. Please refer to the residency requirements above for more information.
For a fast and inexpensive divorce process, you can file Iowa online divorce forms.
Refer to the “Divorce Requirements for Iowa Residents” above and also review the best online divorce sites.
Mediation
If need be, the court may order the divorce parties to appear before a mediator when the Iowa divorce petition is filed. Divorce mediation allows both parties to come up with win-win solutions on their own, facilitated by a mediator.
Need information for a different state?
You may also visit the Iowa Courts for more information
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