Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Iowa Divorce Law
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Iowa law refers to divorce as "dissolution of marriage." Consult a qualified Iowa attorney for advice specific to your situation.
Answer: How Long Does a Divorce Take in Iowa?
A divorce in Iowa takes a minimum of 90 days due to the state's mandatory waiting period under Iowa Code Section 598.19. An uncontested divorce where both spouses agree on all terms is typically finalized in approximately three to four months. A contested divorce involving disputes over property, custody, or support can take six months to over a year, depending on court backlogs, the complexity of the issues, and whether mediation or trial is required.
Understanding Iowa's Mandatory 90-Day Waiting Period
If you are asking how long does divorce take Iowa residents to complete, the first thing to understand is the state-mandated waiting period. Under Iowa Code Section 598.19, no decree dissolving a marriage may be granted before ninety days have elapsed from the day the original notice is served on the respondent, from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed, whichever period is longer.
This 90-day waiting period serves as a cooling-off period. The Iowa legal system views this period as an opportunity for the parties to potentially reconcile or, alternatively, to negotiate terms calmly rather than in the immediate heat of separation.
Can the 90-Day Waiting Period Be Waived?
Iowa Code Section 598.19 does allow the court to waive the waiting period under narrow circumstances. The court may, in its discretion, grant a decree before the 90-day period expires upon a written motion supported by an affidavit that sets forth grounds of emergency or necessity demonstrating that immediate action is warranted or required to protect the substantive rights or interests of any party.
However, in practice, Iowa courts are reluctant to waive this waiting period. As a matter of public policy, courts presume that a just resolution is more likely when the waiting period is enforced. For most uncontested divorces, the 90-day waiting period will apply.
Conciliation May Extend the Timeline
Under Iowa Code Section 598.16, if either spouse requests conciliation, or if the court orders it on its own initiative, the court may require both spouses to participate in conciliation proceedings for up to 60 days. If conciliation is ordered, the 90-day waiting period does not begin to run until conciliation is completed. This means the total minimum timeline could extend to approximately 150 days (60 days of conciliation plus 90 days of the waiting period).
Residency Requirements Before Filing
Before considering how long does divorce take Iowa cases to resolve, you must first meet the state's residency requirements under Iowa Code Section 598.5:
- If the respondent (the non-filing spouse) is a resident of Iowa and is personally served the dissolution of marriage papers, there is no residency requirement for the petitioner (the filing spouse).
- If the respondent does not live in Iowa, the petitioner must have been a resident of Iowa for at least one year before filing.
- The petition must be filed in the district court in the county where either spouse resides, per Iowa Code Section 598.2.
To qualify as a resident of Iowa, you must have a fixed, permanent home in the state and have no intention of leaving.
Grounds for Divorce in Iowa
Iowa is exclusively a no-fault divorce state. The only grounds for dissolution of marriage are that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved (Iowa Code Sections 598.5 and 598.17).
The petitioner is not required to prove fault, blame, or marital misconduct by the other spouse. Both parties simply need to establish that the marriage has irretrievably broken down.
Step-by-Step Iowa Divorce Process and Timeline
Understanding the full divorce timeline in Iowa requires a step-by-step look at the process:
Step 1: File the Petition for Dissolution of Marriage
The process begins when the petitioner files a Petition for Dissolution of Marriage with the district court in the appropriate county. In Iowa, this must be done through the Iowa Electronic Document Management System (EDMS), as electronic filing is required unless the court grants permission to file on paper (Iowa Court Rules, Chapter 17).
The filing fee is $265, paid to the Iowa Judicial Branch at the time of filing. If you cannot afford the fee, you may file an Application and Affidavit to Defer Payment of Costs, and a judge will determine eligibility.
Filing fee: $265 (as of February 2026). Verify with your local clerk of court or visit https://www.iowacourts.gov.
Step 2: Serve the Respondent
After filing, the petitioner must serve the respondent with copies of the petition and original notice within 90 days of filing. Service can be accomplished in several ways:
- Personal service through a sheriff or private process server
- Certified mail with return receipt requested
- Acceptance of service signed by the respondent
Service fees typically range from $20 to $100, depending on the method used. Proof of service must be filed with the court.
The 90-day waiting period under Iowa Code Section 598.19 begins on the date the respondent is served (or the date the waiver/acceptance is filed, or the last day of publication of notice).
Step 3: Respondent Files an Answer
The respondent has 20 days from the date of service to file an answer and, if applicable, a counterclaim. If the respondent fails to respond, the petitioner may request a default judgment.
Step 4: Financial Disclosures
Both spouses are required to file Financial Affidavits on official court forms, per Iowa Code Section 598.13. These affidavits disclose income, assets, debts, and expenses, and are critical to resolving property division, child support, and spousal support issues.
Step 5: Negotiate Settlement or Prepare for Trial
During the waiting period, the spouses may negotiate a settlement agreement covering all contested issues:
- Division of marital property and debts
- Child custody and parenting time
- Child support
- Spousal support (maintenance/alimony)
The court may also order the parties to participate in mediation under Iowa Code Section 598.7. The district court has discretion to require mediation in any dissolution action. Mediation fees in Iowa generally range from $200 to $250 per hour.
Step 6: Parenting Course (If Children Are Involved)
When custody is at issue, both parents may be required to attend a course on children's needs within 45 days of the commencement of the case (Iowa Code Section 598.19A). The course is designed to help parents understand cooperative co-parenting during and after divorce. Fees for these courses typically range from $25 to $75 per parent.
Step 7: Final Hearing and Decree
Once the 90-day waiting period has expired and all issues are resolved:
- In an uncontested divorce, a brief hearing (or, in some counties, a paperwork-only finalization) is held where the judge reviews and approves the settlement agreement.
- In a contested divorce, the court schedules a trial at which both sides present evidence and arguments.
After the judge approves the agreement or issues a ruling, the court enters the Decree of Dissolution of Marriage. The divorce is final once the judge signs and files the decree, which is delivered through the Iowa eFile system.
How Long Does Divorce Take Iowa Residents? Realistic Timelines
Here is a summary of realistic divorce duration estimates:
Uncontested Divorce (No Children)
- Minimum timeline: approximately 90 days from service
- Typical timeline: 3 to 4 months
- This is the fastest divorce scenario in Iowa
Uncontested Divorce (With Children)
- Minimum timeline: approximately 90 days from service
- Typical timeline: 3 to 5 months
- Parenting courses and custody agreement review may add time
Contested Divorce
- Minimum timeline: 6 months
- Typical timeline: 6 to 18 months
- Complex property, custody disputes, or court backlogs can extend the process
- Cases requiring trial may take longer depending on court scheduling
Contested Divorce With Conciliation
- If 60-day conciliation is ordered, add that time before the 90-day waiting period begins
- Typical timeline: 8 months to 2 years or more
Factors That Affect Divorce Duration in Iowa
Several factors influence how long the divorce timeline stretches beyond the 90-day minimum:
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Level of agreement between spouses: Uncontested cases where both parties agree on all terms move fastest. Disputes over any issue can significantly extend the process.
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Complexity of property division: Iowa is an equitable distribution state under Iowa Code Section 598.21. The court divides all property (including property brought into the marriage), except gifts and inheritances. Complex assets such as businesses, retirement accounts, and real estate require appraisals and expert valuations.
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Child custody disputes: Contested custody cases require custody evaluations, potential guardian ad litem appointments (Iowa Code Section 598.12), and may involve parenting time studies. These significantly extend the divorce duration.
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Court-ordered mediation: If the court orders mediation under Iowa Code Section 598.7, the process may add weeks or months depending on how many sessions are needed.
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Court scheduling and backlogs: Some Iowa counties have heavier caseloads than others. Securing trial dates in busy jurisdictions may take several months.
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Conciliation proceedings: A 60-day conciliation period can be ordered under Iowa Code Section 598.16, pushing back the start of the 90-day waiting period.
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Discovery and depositions: In contested cases, the discovery process (gathering financial documents, taking depositions, hiring experts) can be time-consuming.
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Service difficulties: If the respondent is difficult to locate or avoids service, the petitioner may need to pursue service by publication, which adds time.
Filing Fees and Court Costs in Iowa
The following are standard costs associated with divorce in Iowa:
- Court filing fee (Petition for Dissolution of Marriage): $265
- Service of process fee: approximately $20 to $100
- Parenting course fee (when children are involved): approximately $25 to $75 per parent
- Mediation fees: approximately $200 to $250 per hour
- Certified copies of decree: approximately $10 to $20
All fee amounts are as of February 2026. Verify with your local clerk of court, as the Iowa Legislature sets filing fee amounts and they may change. Visit https://www.iowacourts.gov/for-the-public/representing-yourself/civil-court-fees for current information.
If you cannot afford filing fees, you may apply for a fee deferral by filing an Application to Defer Costs with the clerk of court.
Property Division in Iowa
Iowa follows equitable distribution principles when dividing marital property (Iowa Code Section 598.21). Key points include:
- The court divides all property, regardless of when it was acquired, except gifts and inheritances received before or during the marriage.
- Equitable does not necessarily mean equal. The court considers factors such as the length of the marriage, each spouse's contributions, earning capacity, age, and health.
- Marital misconduct (fault) is not a factor in property division.
- If separate property has been commingled with marital property, the court may treat it as marital property.
Spousal Support (Alimony) in Iowa
Spousal support may be granted to either spouse for a limited or indefinite period under Iowa Code Section 598.21A. Iowa recognizes several types of spousal support:
- Traditional support: for long-duration marriages, to help the recipient maintain the marital standard of living
- Rehabilitative support: to support a dependent spouse while obtaining education or training
- Reimbursement support: to recognize financial sacrifices made by one spouse to enhance the other spouse's earning capacity
- Transitional support: short-term support to help a spouse transition to single life
Factors the court considers include: the duration of the marriage, each spouse's earning capacity, age, health, and the tax consequences of the support arrangement.
Child Custody and Support in Iowa
When children are involved, the court determines custody based on the best interests of the child (Iowa Code Section 598.41). Iowa courts may award joint or sole legal custody and joint or sole physical custody. Ten statutory factors guide the court's decision, including:
- The ability of the parents to cooperate
- The ability to support the child's relationship with the other parent
- Physical proximity of the parents
- The fitness and suitability of each parent
- The reasonable preference of the child (if of sufficient age and maturity)
- Whether both parents have actively cared for the child
- Any history of domestic abuse
Child support is calculated based on statutory guidelines under Iowa Code Section 598.21B, taking into account each parent's net income, the number of children, and other relevant financial factors.
Recent Legislative Developments (2025-2026)
Iowa's divorce laws have seen some legislative activity in recent years. In 2025, the Iowa Legislature passed amendments to Iowa Code Section 598.41, subsection 8, relating to support orders, with the changes applying to orders entered or pending on or after July 1, 2025.
Additionally, as of early 2026, a bill is under consideration in the Iowa Legislature that would give couples the option to waive their right to no-fault divorce when applying for a marriage license. This bill is still in the proposal stage and has not been enacted into law. Consult with an Iowa attorney for the most current information on pending legislation.
Iowa courts have also continued their strong encouragement of e-filing through the Iowa eFile system, with the Iowa Judicial Branch requiring electronic filing for all court documents unless a party receives permission to file in paper form.
How Long Does Divorce Take Iowa: Tips for the Fastest Divorce Possible
If you are hoping for the fastest divorce resolution in Iowa, consider the following strategies:
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Reach an agreement before filing: If you and your spouse can agree on all major issues (property division, custody, support) before filing, you eliminate the primary source of delays.
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Organize financial documents early: Gather pay stubs, tax returns, bank statements, retirement account statements, and property valuations before filing. Complete and accurate financial disclosures speed up the process.
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Use mediation proactively: Rather than waiting for court-ordered mediation, consider hiring a private mediator early to resolve disputes efficiently.
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File electronically: Use the Iowa eFile system for all documents to avoid processing delays associated with paper filings.
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Respond promptly: Both parties should respond to all requests, motions, and deadlines promptly. Missed deadlines can add weeks or months to the process.
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Consider a joint petition: While Iowa does not have a formal simplified divorce procedure, filing with a complete settlement agreement already in place streamlines the process considerably.
Frequently Asked Questions
What is the minimum time to get a divorce in Iowa?
The absolute minimum time to get a divorce in Iowa is 90 days. Iowa Code Section 598.19 imposes a mandatory 90-day waiting period that begins when the respondent is served with the dissolution papers, when the waiver or acceptance of service is filed, or when notice is published, whichever is longest. In practice, even the simplest uncontested divorce takes approximately three to four months when you factor in document preparation, service, and scheduling the final hearing or decree approval.
Does Iowa require a separation period before filing for divorce?
No. Iowa does not require spouses to live apart or undergo a period of legal separation before filing for dissolution of marriage. You may file for divorce at any time, provided you meet the residency requirements. However, the court may order a 60-day conciliation period under Iowa Code Section 598.16 if either party requests it or if the court deems it appropriate.
How much does it cost to file for divorce in Iowa?
The court filing fee for a Petition for Dissolution of Marriage in Iowa is $265, paid to the Iowa Judicial Branch at the time of filing. Additional costs may include service of process fees ($20 to $100), parenting course fees ($25 to $75 per parent if children are involved), mediation costs ($200 to $250 per hour), and attorney fees. Attorney fees vary widely, from a few thousand dollars for an uncontested divorce to $15,000 or more for a contested case. If you cannot afford the filing fee, you may apply for a fee deferral. All fees quoted as of February 2026; verify with your local clerk of court.
Can I get a divorce in Iowa if my spouse does not agree?
Yes. Iowa is a no-fault divorce state, meaning you do not need your spouse's consent to obtain a divorce. You only need to demonstrate that the marriage has broken down irretrievably with no reasonable likelihood of preservation (Iowa Code Section 598.17). If your spouse refuses to participate, the court may enter a default judgment granting the divorce based on the terms in your petition after the 90-day waiting period has expired, provided all required documents have been filed.
What happens to property in an Iowa divorce?
Iowa is an equitable distribution state. Under Iowa Code Section 598.21, the court divides all property equitably, which does not necessarily mean equally. Unlike many other states, Iowa courts may divide all property, including property acquired before the marriage, with the exception of gifts and inheritances. The court considers factors including the length of the marriage, each spouse's contributions, earning capacity, age, physical and emotional health, and any prenuptial agreements. Marital misconduct is not a factor in property division.
How is child custody decided in Iowa?
Child custody in Iowa is determined based on the best interests of the child under Iowa Code Section 598.41. The court considers ten statutory factors, including the ability of each parent to cooperate, each parent's fitness and suitability, the child's preference if of sufficient maturity, whether both parents have actively cared for the child, and any history of domestic abuse. Joint legal custody is common in Iowa, and the court may award joint or sole physical custody depending on the circumstances.
Can the court order mediation in Iowa divorce cases?
Yes. Under Iowa Code Section 598.7, the district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any dissolution of marriage action. The cost of mediation is the responsibility of the parties. Mediation can help spouses reach agreements on contested issues without the expense and time of trial, potentially reducing overall divorce duration significantly.
Is there a waiting period to remarry after divorce in Iowa?
No. Iowa does not impose any waiting period after a divorce before either party may remarry. Once the judge signs the final Decree of Dissolution of Marriage and it is filed with the court, the divorce is final and both parties are free to remarry immediately.
Can I change my name during the divorce process?
Yes. Under Iowa Code Section 598.37, either spouse may request a name change as part of the divorce proceedings. If you wish to restore a former or maiden name, include the request in your Petition for Dissolution of Marriage, and the court can incorporate the name change into the final decree at no additional filing fee.
What if my spouse lives in another state?
If your spouse does not live in Iowa, you must have been a resident of Iowa for at least one year before you can file for divorce (Iowa Code Section 598.5). You may serve your out-of-state spouse through methods permitted by Iowa law. The court will have jurisdiction to dissolve the marriage, but its ability to make orders regarding property located in other states or personal jurisdiction over the out-of-state spouse may be limited. Consult an Iowa family law attorney in such situations.
This guide is intended for informational purposes only and should not be construed as legal advice. Divorce laws and court procedures can change. For guidance specific to your circumstances, consult a licensed Iowa family law attorney. Court forms are available free of charge at https://www.iowacourts.gov.