Starting a divorce can feel overwhelming. The good news? Once you understand the basic steps, the process feels more manageable. Here’s a simple roadmap of what happens in an Iowa divorce, from filing that first piece of paper to receiving your final decree.
Step 1: Filing the Petition – Making It Official
Every divorce begins with a Petition for Dissolution of Marriage. This is the document that tells the court you’re asking to legally end your marriage.
The Petition usually includes:
- Full names of both spouses
- A request to restore your birth name (if you choose)
- Proof of residency in Iowa (at least one year, unless your spouse already lives here)
- Information about your children (initials, birth years, addresses)
- Details about other cases that could affect custody or support
- Requests for child support, custody, or spousal support (alimony)
- What you’re asking the court to decide — like custody, division of property, or debts
Step 2: Serving the Other Party – Giving Notice
Once the Petition is filed, your spouse must be officially notified. This is called service.
- You have 90 days from filing to serve your spouse.
- Once served, your spouse has 20 days to file an Answer.
- If you don’t know where your spouse is, service can be done by publishing a notice in the newspaper. (Keep in mind: if service is by publication, the court may not be able to order child support or alimony.)
Step 3: The 90-Day Waiting Period – Time to Work It Out
Iowa law requires a 90-day waiting period before a divorce can be finalized. During this time, couples typically work on resolving issues like parenting schedules, finances, and property division.
Here’s what often happens during the waiting period:
- Mediation: Most couples will be required to attend mediation with a neutral third party to work toward agreements.
- Parenting Class: Parents with minor children must complete a class such as Children in the Middle.
- Financial Disclosures: Both spouses exchange important financial information, including income, assets, and debts.
- Counseling: In some cases, counseling may be recommended for individual support, co-parenting strategies, or reconciliation.
Many spouses are able to reach a settlement during this time, which can save the stress and expense of trial.
Step 4: Trial – When No Agreement is Reached
If you and your spouse can’t reach an agreement, the case moves to trial.
At trial:
- Both spouses present evidence and testimony.
- The judge makes decisions about custody, support, property, and debts.
- The judge issues a Final Decree of Dissolution of Marriage, which is the document that officially ends your marriage.
Quick Recap
- File the Petition
- Serve the Other Party
- Complete the 90-Day Waiting Period (Mediation, Parenting Class, Financial Disclosures)
- Reach a Settlement or Go to Trial
Moving Forward with Confidence
Divorce is a major life change, but knowing the process can give you clarity and control.
At Koenig|Dunne, attorney Kelsey Deabler focuses exclusively on family law and has over a decade of divorce experience in Iowa. She combines legal skill with compassion, giving clients the confidence to navigate divorce with dignity and peace of mind.
If you’re considering divorce, don’t go through it alone. Schedule a confidential consultation with Kelsey today and take the first step toward your fresh start.