Once both sides have made their cases, the judge will make a final decision on all the relevant issues. Both parties will present evidence and call witnesses. If one cannot be reached, there will be a trial. There will likely be an attempt at mediation with a third-party to come to an agreement. Both sides will make financial disclosures, gather evidence and interview witnesses. If the couple doesn’t agree on all the issues, the answering of the summons will be filed by a discovery process. If all is satisfactory, after a 90-day waiting period is over the judge will sign it and finalize the divorce. If the divorce is uncontested, meaning both sides agree on getting divorced and on how to handle issues including asset division, alimony and child custody, a separation agreement will be presented to the judge. The spouse being served will then respond to the court. This can be done via your county sheriff or with a process server. It’s important you choose the right court to file in, otherwise your case may be tossed out and you’ll have to start over.Īfter filing your papers, you’ll need to serve your spouse. ![]() The first step in getting a divorce in Iowa is to file papers with the district court that serves your county. This could involve submitting documents (such as text messages) or having a third-party testify. That said, in Iowa the couple must prove to the judge that the marriage is broken beyond repair. This means that legally the reason a couple is getting divorced is irrelevant. If not, the person filing for divorce (legally known as the petitioner) must have lived in the state for at least a year. If the person being served papers (legally known as the respondent) lives in Iowa and is served the divorce papers personally, there is no residency requirement to file for divorce in Iowa.
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