Iowa Senate File 2172, introduced by Sen. Jesse Green (R-Harcourt) in February 2026, would allow couples to waive their right to no-fault divorce when applying for a marriage license. Under the proposed legislation, couples who sign a waiver would need to prove fault grounds—such as adultery, abandonment for one year, or abuse—to obtain a divorce. The bill advanced from subcommittee on February 9, 2026, but faces significant rewrites after domestic violence advocates warned it could trap abuse victims in dangerous marriages.
Key Facts
| Element | Details |
|---|---|
| Bill Number | Senate File 2172 |
| Sponsor | Sen. Jesse Green (R-Harcourt) |
| Status | Advanced from subcommittee Feb. 9, 2026; rewrites pending |
| Fault Grounds Required | Adultery, felony imprisonment, abandonment (1+ year), physical/sexual abuse, or 2+ years separation |
| Current Iowa Law | No-fault only (Iowa Code Chapter 598) |
| Adoption Rate in Other States | Approximately 2% of marriages |
Why This Matters Legally
This bill would fundamentally change how some Iowa couples can exit their marriages. Iowa is currently one of 17 states that offer only no-fault divorce, meaning couples can dissolve their marriage by showing the relationship has broken down without proving wrongdoing by either spouse. Under Iowa Code § 598.17, courts grant dissolution when "there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed."
Senate File 2172 would create a two-track system. Couples who sign a waiver at the county registrar's office when applying for their marriage license would forfeit access to no-fault dissolution. Instead, they would need to prove one of five fault grounds:
- Adultery by the other spouse
- Conviction and imprisonment for a felony
- Abandonment from the marital home for at least one year
- Physical or sexual abuse of the petitioner or a child
- Living separately for two or more years
The bill includes a presumption that the waiver is valid unless one spouse can prove by clear and convincing evidence that they signed under duress, coercion, or fraud. That burden of proof—clear and convincing evidence—is a high standard, typically used in cases involving fraud or parental rights termination.
How Iowa Law Currently Handles Divorce
Iowa adopted no-fault divorce decades ago, joining a nationwide movement that began with California in 1970. Under Iowa Code Chapter 598, the only ground for dissolution is the breakdown of the marriage relationship with no reasonable likelihood of preservation.
The current system requires:
- Residency: If the respondent lives in Iowa and is personally served, there is no residency requirement; otherwise, the petitioner must have lived in Iowa for one year
- Waiting period: 90 days from service before a final decree can be entered
- Evidence: Testimony that the marriage has irretrievably broken down
No-fault divorce eliminated the adversarial process of proving adultery, cruelty, or abandonment that characterized fault-based systems. Supporters argued it reduced perjury, protected privacy, and allowed couples to end marriages without public mudslinging.
The Domestic Violence Concern
Lindsay Pingel, community engagement director with the Iowa Coalition Against Domestic Violence, testified that the bill is "dangerous for those trapped in domestic violence relationships," according to Iowa Capital Dispatch.
The concern is straightforward: requiring abuse victims to prove fault in court creates additional barriers to leaving dangerous situations. While the bill includes abuse as a fault ground, proving physical or sexual abuse requires evidence that may be difficult to obtain when the abuser controls the household. Victims may face retaliation for gathering evidence or seeking witnesses.
Additionally, domestic violence advocates note that abusers often use coercion during the relationship itself. A waiver signed at the start of a marriage—before any abuse occurs—could be used years later to trap a victim. While the bill allows challenges based on duress, the "clear and convincing evidence" standard creates a significant hurdle.
What Happens Next
Sen. Scott Webster (R-Bettendorf) indicated he would consider a "completely rewritten" version of the bill that applies the waiver only to child custody matters and division of assets, not to the divorce itself, per reporting from The Gazette. That would represent a major departure from the original concept.
Sen. Green acknowledged the bill needs work after most speakers at the subcommittee hearing opposed it. He framed the legislation as accommodating Iowans with religious views that make no-fault divorce incompatible with their beliefs, noting that "some of his Christian friends believe prenuptial agreements are a violation of their conscience."
Practical Takeaways for Iowa Residents
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No immediate changes: The bill advanced from subcommittee but faces significant amendments before any floor vote; current Iowa divorce law remains unchanged
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Existing divorces unaffected: Even if the bill passes in some form, it would apply only to couples who sign waivers going forward, not to existing marriages
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Covenant marriage comparison: Three states—Louisiana (1997), Arizona (1998), and Arkansas (2001)—offer covenant marriage with similar restrictions; approximately 1-2% of couples in those states choose it
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Forum shopping: Even if Iowa enacted such a law, couples could potentially file for divorce in another state with no-fault provisions, as covenant marriage restrictions have been evaded this way in other jurisdictions
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Consult an attorney before signing: If any version of this bill becomes law, couples should seek independent legal advice before signing a no-fault waiver at the marriage license stage
Frequently Asked Questions
Does Iowa currently allow fault-based divorce?
No. Iowa is one of 17 states that offer only no-fault divorce under Iowa Code Chapter 598. The sole ground for dissolution is that the marriage has irretrievably broken down. Senate File 2172 would create a new opt-in system allowing couples to waive no-fault access.
What would I need to prove to get divorced if I signed the waiver?
Under SF 2172, you would need to prove one of five fault grounds: adultery, felony imprisonment of your spouse, abandonment for at least one year, physical or sexual abuse, or living separately for two or more years. The burden of proof would be on the spouse seeking divorce.
Could I challenge a waiver I signed under pressure?
Yes, but the standard is high. You would need to prove by "clear and convincing evidence" that you signed the waiver under duress, coercion, or fraud. This is a more demanding standard than the typical "preponderance of evidence" used in most civil cases.
How many couples choose covenant marriage in states that offer it?
Approximately 1-2% of marrying couples choose covenant marriage in Louisiana, Arizona, and Arkansas according to available data. Sen. Green cited similar figures—about 2%—for states offering alternatives to no-fault divorce.
What is the current waiting period for divorce in Iowa?
Iowa law requires a 90-day waiting period from the date the respondent is served with dissolution papers before a court can enter a final decree under Iowa Code § 598.19. Courts may waive this period under certain circumstances.
Need guidance on Iowa divorce law? Connect with an Iowa family law attorney who can explain how current law applies to your situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.