Family Law Resources

Residency Requirements

Either you or your spouse must have lived in Iowa for at least 1 year before filing. Exception: If your marriage was performed in Iowa and either spouse has lived here since the marriage, no waiting period.

Terminology: 'Dissolution' Not 'Divorce'

Iowa uses the term 'dissolution of marriage' instead of 'divorce' in legal documents and statutes.

Grounds for Dissolution

Iowa is a no-fault state. The only ground is that there has been a breakdown of the marital relationship to the extent that the legitimate objects of matrimony have been destroyed.

Step-by-Step Filing Process

1. Complete Required Forms

Petition for Dissolution of Marriage, Original Notice, Financial Affidavit, Certificate of Dissolution (statistical form).

2. File with District Court

File in the county where either spouse resides. Filing fee is approximately $185-$265 depending on county.

3. Serve Your Spouse

Spouse must be served with Original Notice and Petition by sheriff or private process server. They have 20 days to file an Answer.

4. Financial Disclosures

Both parties must complete Financial Affidavits and exchange documents: tax returns, pay stubs, bank statements, debt statements.

5. Temporary Orders (if needed)

File motion for temporary custody, support, or possession of property while case is pending.

6. Wait 90 Days (Mandatory Waiting Period)

Iowa requires 90 days from filing before the dissolution can be finalized. This is the minimum; most cases take longer.

7. Parenting Education (if children under 18)

Both parents must complete court-approved parenting education class. Cost: $40-$75. Certificate must be filed with court.

8. Mediation or Discovery

Attempt to negotiate settlement. Some courts require mediation if custody is contested.

9. Settlement or Trial

If you settle, prepare Decree of Dissolution and supporting documents. If not, proceed to trial.

10. Final Decree

Judge issues Decree of Dissolution of Marriage. It's effective immediately - no waiting period after decree.

Timeline

Minimum: 90 days (uncontested with agreement). Average uncontested: 3-6 months. Contested: 6 months to 2+ years.

Iowa District Courts

Iowa has 99 county courthouses organized into 8 judicial districts. Family law cases (dissolution, custody, child support) are filed in the District Court of the county where you or your spouse resides.

Major County District Courts

Polk County (Des Moines)

Polk County Courthouse, 500 Mulberry St, Des Moines, IA 50309. Largest court system in Iowa.

Linn County (Cedar Rapids)

Linn County Courthouse, 50 3rd Ave Bridge, Cedar Rapids, IA 52401

Scott County (Davenport)

Scott County Courthouse, 400 W 4th St, Davenport, IA 52801

Johnson County (Iowa City)

Johnson County Courthouse, 417 S Clinton St, Iowa City, IA 52240

Black Hawk County (Waterloo)

Black Hawk County Courthouse, 316 E 5th St, Waterloo, IA 50703

Woodbury County (Sioux City)

Woodbury County Courthouse, 822 Douglas St, Sioux City, IA 51101

Find Your Court

Use the Iowa Courts website to find your district court by county: https://www.iowacourts.gov/for-the-public/court-locations/

Judicial Districts

Iowa's 8 judicial districts each cover multiple counties. Cases are heard locally in your county courthouse, but the district assigns judges who may rotate between counties.

Online Case Information

Iowa Courts Online provides free access to case information: https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame

Filing Fees (2024)

Dissolution of Marriage (Divorce)

$185-$265 depending on county. Polk County (Des Moines): $265.

Custody or Visitation Petition

$185-$230 depending on county

Modification Petition

$185-$230 depending on county

Contempt Motion

$60-$100 depending on county

Service Costs

Sheriff service: $25-$50 per person. Private process server: $50-$125. Service by publication (if spouse cannot be located): $150-$300 for newspaper publication costs.

Mandatory Parenting Education

Both parents with children under 18 must complete parenting education. Cost: $40-$75 per person. Certificate must be filed before final decree.

Additional Costs

• Mediation: $100-$250/hour (some courts offer free mediation services)


• Custody evaluation: $2,000-$8,000


• Guardian ad Litem: $1,500-$5,000+ (hourly rate $100-$200)


• Court reporter for deposition: $200-$400 per session


• Certified copies: $5-$10 per document

Attorney Fees

Retainer: $2,000-$7,500. Hourly rate: $150-$350/hour. Uncontested dissolution: $1,000-$3,500 total. Contested dissolution with trial: $7,500-$35,000+.

Fee Waivers & Deferrals

Iowa offers fee waivers for indigent parties. File 'Affidavit of Poverty' with your petition. You may qualify if your income is at or below 200% of federal poverty guidelines or you receive public assistance (SNAP, Medicaid, SSI).

Payment Plans

Some Iowa courts allow payment plans for filing fees if you don't qualify for a full waiver. Ask the clerk of court.

Iowa Legal Aid

Primary resource: https://www.iowalegalaid.org - Free legal information, DIY forms, live chat, phone help, and direct representation for qualifying low-income Iowans. (800) 532-1275.

Legal Aid Services by Region

Statewide Services

Iowa Legal Aid serves all 99 counties. Call (800) 532-1275 to see if you qualify and to find your local office.

Des Moines Office

1111 9th St, Suite 230, Des Moines, IA 50314. (515) 243-1193

Cedar Rapids Office

1540 1st Ave NE, Suite 110, Cedar Rapids, IA 52402. (319) 366-1507

Sioux City Office

532 Nebraska St, Sioux City, IA 51101. (712) 252-3973

Self-Help Resources

Iowa Courts website has free family law forms and instructions: https://www.iowacourts.gov/for-the-public/court-forms/ - Includes dissolution, custody, support, and modification forms.

Volunteer Lawyers Project

The Iowa State Bar Association runs a pro bono program connecting low-income Iowans with volunteer attorneys for brief advice or limited representation.

Lawyer Referral Service

Iowa State Bar Association Lawyer Referral: (515) 243-3179 or (800) 532-1108. Initial consultation: $25 for 30 minutes.

Family Law Self-Help Centers

Some Iowa courthouses (particularly Polk County) have self-help centers where you can get help completing forms. No legal advice, but assistance with paperwork.

Domestic Violence Resources

Iowa Coalition Against Domestic Violence: (800) 942-0333 (24/7 crisis line). Local domestic violence programs provide free legal advocacy and help with protective orders.

Income Eligibility

Iowa Legal Aid generally serves households at or below 200% of federal poverty level. Higher limits apply for seniors (60+) and victims of domestic violence.

Dissolution Deadlines

• Residency: 1 year in Iowa before filing (or marriage in Iowa with spouse still residing here)


• Service of petition: Must be completed before proceeding


• Answer to petition: 20 days after service


• Parenting education: Must be completed before final decree if children under 18


• 90-day mandatory waiting period: From filing to final decree


• Default judgment: Can be entered if Answer not filed within 20 days (subject to 90-day minimum)

The 90-Day Minimum

Iowa requires at least 90 days from filing the petition before a dissolution can be finalized. This applies even in uncontested cases with full agreement. No exceptions.

Custody & Physical Care Deadlines

• Answer to custody petition: 20 days after service


• UCCJEA jurisdiction: Child must have lived in Iowa for 6 months (or since birth if under 6 months)


• Temporary order requests: Usually decided within 2-4 weeks


• Notice of relocation: Reasonable advance notice required (courts generally expect 60 days)

Modification Restrictions

• Custody modification: Must show substantial change in circumstances not contemplated in original order


• Physical care modification: Same standard - substantial change + best interests


• Child support modification: Change resulting in 10% or greater variance from current order


• Property division: Generally cannot be modified after decree is final

Discovery Deadlines

Iowa follows standard civil procedure discovery rules. Courts set specific discovery deadlines in scheduling orders, typically requiring completion 30-60 days before trial.

Appeal Deadlines

Notice of appeal must be filed within 30 days of the decree or order. This is strictly enforced - late appeals are dismissed.

Post-Judgment Motions

• Motion to reconsider: Must be filed within 15 days of decree


• Motion to enlarge time to appeal: Must be filed within 30 days


• Petition to modify: Can be filed anytime after decree if substantial change occurred

It's 'Dissolution' Not 'Divorce'

Iowa officially uses 'dissolution of marriage' in legal documents instead of 'divorce.' The Petition, Decree, and all court forms use 'dissolution' terminology.

Mandatory 90-Day Waiting Period

Iowa requires 90 days from filing before a dissolution can be finalized. This applies even in uncontested cases where both parties agree on everything. No exceptions or waivers.

Mandatory Parenting Education

Both parents with children under 18 must complete a 4-hour court-approved parenting education program. Must be completed before the final decree is entered. Certificate filed with court. Cost: $40-$75.

Presumption of Joint Legal Custody

Iowa law presumes joint legal custody is in the child's best interests. The burden is on the parent opposing joint custody to show it would be harmful.

No Presumption for Joint Physical Care

While joint legal custody is presumed, Iowa does NOT presume joint physical care. Courts award primary physical care to one parent unless both parents request joint physical care and show it's feasible.

Physical Care = Child Support

In Iowa, the parent awarded physical care receives child support from the other parent. If joint physical care is ordered, child support is calculated using the shared care formula.

Equitable Distribution State

Iowa is an equitable distribution state (not community property). Courts divide marital property 'equitably' (fairly) but not necessarily equally (50/50). Courts consider multiple factors including length of marriage, contributions, economic circumstances.

Separate Property Stays Separate

Property owned before marriage or received as gift/inheritance during marriage remains separate property and is not divided in dissolution - unless it was commingled with marital property.

Spousal Support (Alimony) Factors

Iowa considers multiple factors for spousal support: length of marriage, age and health of parties, earning capacity, education level, property division, tax consequences. No formula - court has wide discretion.

Traditional vs. Rehabilitative Alimony

Iowa distinguishes between traditional support (longer marriages where one spouse cannot become self-supporting) and rehabilitative support (short-term support while spouse gains skills/education for self-sufficiency).

Decree Effective Immediately

Unlike some states, Iowa dissolution decrees are effective immediately upon entry. No additional waiting period after the decree is signed.

Certificate of Dissolution

Iowa requires filing a statistical Certificate of Dissolution with the court - providing data about the marriage, children, and basis for dissolution. This is separate from the Decree and is used for state statistics.