The Iowa Supreme Court made forms for people who cannot afford an attorney or want to represent themselves in a divorce case. When people choose to use these forms, and represent themselves, it is called appearing “self-help,” or without an attorney.
You can file a divorce in Iowa without an attorney. The Iowa Courts website now has free forms for couples with children as well as the forms for couples with no children.
You must pay a fee to the Clerk of Court when the divorce Petition is filed. This fee is usually $265. You must pay a fee to the Sheriff if the Sheriff must give copies of the papers to your spouse. This fee is usually $40-50.
Iowa doesn't have a special, expedited process for uncontested divorces. However, if you and your spouse are able to agree on all the issues, your case will move through the court system much more quickly than if you had to go to trial.
To start the divorce you will need to the following: File a document, called a Petition, to the Court to initiate the divorce process. Only one spouse can file for a divorce (the Petitioner). The other party is known as the Respondent. ... Apply for a Decree Nisi. Apply for a Decree Absolute.
3. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.
Before you file a divorce with children or respond to a petition for divorce, review the appropriate Guide for Representing Yourself in an Iowa Divorce: with children (PDF) or with no children (PDF). You will need to electronically file a Petition for Dissolution of Marriage and pay the $265 filing fee.
You can obtain some of the forms online, from the Iowa Judicial Branch's Self-Help website. These are official forms, but you should double-check with your local court to make sure the judges there will accept them.
An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.
How long do you have to be separated before divorce in Iowa? While there is a 90 day waiting period between filing for divorce and when a divorce could be legally granted, Iowa does not have legal separation requirements.
In Iowa, divorces are granted if one of the spouses is impotent or insane, or has committed adultery, or engaged in cruel or humiliating behavior against the other. Barring any of these circumstances, a divorce can be granted if the couples live separate and apart for 18 months.
Legal separation (also called separate maintenance when the court orders financial support) is a remedy that allows couples to ask the court to decide divorce-related issues like custody, child support, property division and alimony, but in the end, the couple is still legally married.