Divorce Laws in Iowa: Complete 2026 Guide

Iowa is exclusively a no-fault divorce state. The only legally recognized ground for divorce (dissolution of marriage) is 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 §598.5 and §598.17). Iowa no longer permits divorce based on any fault grounds such as adultery, cruelty, or desertion. To establish the no-fault ground, the petitioner (the spouse filing for divorce) must include a statement in the Petition for Dissolution of Marriage that the marital breakdown exists. The petitioner is not required to blame the other spouse for or prove any particular misdeed or wrongdoing. At the final hearing, the court must find evidence that the marital relationship has indeed broken down. If the petitioner fails to prove this, the respondent may also present evidence demonstrating the breakdown of the marriage (Iowa Code §598.17(2)). Because Iowa only recognizes no-fault grounds, marital misconduct — such as infidelity, substance abuse, or other behavior — does not serve as a separate basis for filing. However, it is important to note that while misconduct is not a factor in granting the divorce itself, it may in limited circumstances be considered by the court when determining certain issues like custody (particularly if it affects child safety) or, less commonly, in the court's broad discretion on support matters. The elimination of fault grounds reflects Iowa's policy of reducing adversarial conflict in the divorce process. The simplicity of Iowa's no-fault standard means that if one spouse wants a divorce, the marriage will ultimately be dissolved. The respondent cannot block the divorce by refusing to agree — the petitioner's testimony that the marriage has broken down is generally sufficient. This streamlined approach aligns with the state's broader philosophy of encouraging parties to focus on resolving practical matters such as property division, support, and child custody rather than litigating blame.

Iowa's residency requirements for filing a divorce are unique and depend on whether the respondent (non-filing) spouse is an Iowa resident. If the respondent is a resident of Iowa and is personally served the dissolution of marriage papers, there is no residency requirement for the petitioner (Iowa Code §598.5(1)(k)). This means that the filing spouse can initiate a divorce in Iowa even if they have never lived in the state, as long as the other spouse lives in Iowa and is served in person. If the respondent does not live in Iowa, the petitioner must have been a resident of Iowa for at least one continuous year immediately before filing the petition for dissolution (Iowa Code §598.5(1)(k)). To be considered a 'resident of Iowa,' the petitioner must have a fixed, permanent home in Iowa and must not have established residency solely for the purpose of obtaining an Iowa divorce. The one-year requirement is strictly enforced, and failure to meet it can result in dismissal of the case (Iowa Code §598.6). The divorce must be filed in the district court of the county where either the petitioner or the respondent resides (Iowa Code §598.2). There is no separate county residency duration requirement — only the statewide one-year requirement applies when relevant. If both spouses live in Iowa, either spouse's county of residence is an appropriate venue for filing. It is worth noting that Iowa's residency rules also apply to legal separations. If the respondent spouse is an Iowa resident and is personally served, the petitioner need not meet any residency requirement for a legal separation either. Otherwise, the same one-year residency rule applies (Iowa Code §598.28).

Iowa is an equitable distribution state, meaning that courts divide marital property in a manner that is fair and equitable, though not necessarily equal (Iowa Code §598.21(5)). Notably, Iowa's approach to property division is broader than many other states: the court has the authority to divide all property owned by either spouse, regardless of when it was acquired — whether before or during the marriage. The only exceptions are gifts and inheritances received by one spouse either before or during the marriage, which are generally excluded from division. When dividing property, the court considers a wide range of factors, including: the length of the marriage; the property brought into the marriage by each party; the contribution of each party to the marriage (including homemaking and child care contributions); the age and physical and emotional health of the parties; the contribution of one party to the education, training, or increased earning capacity of the other; the earning capacity of each party; the desirability of awarding the family home to the party with primary physical care of the children; and any prenuptial or postnuptial agreements between the parties. Marital fault is generally not a factor in Iowa's property division analysis (Iowa Code §598.21(5)). Because Iowa courts can divide pre-marital property (except gifts and inheritances), spouses should be aware that assets they owned before the marriage may be subject to distribution. Additionally, if separate property such as a gift or inheritance is commingled with marital property — for example, deposited into a joint bank account — the court may treat it as marital property. Retirement accounts, pensions, and other benefits acquired during the marriage are considered marital property subject to equitable distribution. A Qualified Domestic Relations Order (QDRO) may be needed to divide retirement assets. Both spouses are required to file financial affidavits with the court, which helps ensure full disclosure of all assets and liabilities (Iowa Code §598.13). The court may also set aside a portion of the property in a fund for the support, maintenance, and education of minor children. The goal of equitable distribution is to place both parties in a reasonably fair financial position following the dissolution.

Iowa law recognizes three primary types of spousal support (alimony): traditional, rehabilitative, and reimbursement (Iowa Code §598.21A). Spousal support may be awarded to either spouse for a limited or indefinite period of time. There is no fixed formula for calculating alimony in Iowa — the amount and duration are determined on a case-by-case basis at the court's discretion. Iowa does not consider marital misconduct (such as infidelity) when awarding spousal support; the focus is on financial need and the ability to pay. Traditional spousal support is typically awarded in longer marriages where the recipient spouse cannot become self-supporting due to age, health, or other limitations. It may continue indefinitely or until circumstances change substantially. Rehabilitative spousal support is a temporary form of support designed to help a spouse obtain the education, training, or work experience needed to become self-supporting. The court usually requires the recipient to present a plan for achieving self-sufficiency, and the support is limited to a specific time period. Reimbursement spousal support is the least common type and is intended to compensate a spouse who made financial sacrifices to support the other spouse's education or career advancement during the marriage — for example, when one spouse worked to put the other through professional school. When determining whether to award spousal support and in what amount, the court considers factors including but not limited to: the time necessary for the recipient to acquire sufficient education and training to find appropriate employment; the duration of the marriage; the financial resources of the spouse seeking support, including marital property apportioned to that spouse; the earning capacity of each spouse, including educational background, training, and work experience; the age and physical and emotional health of the spouses; the tax consequences; any mutual agreement of the parties; and any other factors the court deems relevant (Iowa Code §598.21A). Support payments may be ordered paid through the court. Spousal support orders may be modified if there is a substantial change in circumstances, such as changes in income, health, or living situation. Traditional and rehabilitative support typically terminate upon the death of either party or the remarriage of the recipient. A court can award more than one type of spousal support simultaneously (Iowa Code §598.21A).

Iowa courts make all custody determinations based on the best interests of the child, with a strong preference for arrangements that maximize the child's continuing physical and emotional contact with both parents (Iowa Code §598.41(1)(a)). Iowa distinguishes between legal custody (decision-making authority regarding the child's education, medical care, religious instruction, and extracurricular activities) and physical care (where the child lives on a day-to-day basis). Joint legal custody is strongly favored, and sole legal custody is rarely awarded absent clear and convincing evidence that joint custody is unreasonable or not in the child's best interests. When either parent requests joint custody, the court must consider granting it. If the court denies joint custody, it must cite clear and convincing evidence that joint custody is unreasonable (Iowa Code §598.41(2)). In evaluating the best custody arrangement, the court considers numerous factors under Iowa Code §598.41(3), including: whether each parent would be a suitable custodian; whether the child's psychological and emotional needs would suffer from lack of contact with both parents; whether the parents can communicate with each other regarding the child's needs; whether both parents have actively cared for the child before and since separation; whether each parent supports the other parent's relationship with the child; the child's preference (considering age and maturity); geographic proximity of the parents; whether the child's safety would be jeopardized; and any history of domestic abuse. If the court finds a history of domestic abuse, a rebuttable presumption against awarding joint custody exists (Iowa Code §598.41(1)(b)). The court also considers a parent's denial of the child's opportunity for maximum contact with the other parent as a significant negative factor. Physical care may be awarded to one parent (primary physical care) or shared equally between both parents (joint physical care) depending on the circumstances. When children are involved, the court may require parents to attend a parenting education course within 45 days of the commencement of the case (Iowa Code §598.19A). The court may also order mediation before ruling on custody disputes (Iowa Code §598.7). Custody and visitation orders may be modified post-decree if a substantial change of circumstances occurs (Iowa Code §598.21C).

To file for divorce in Iowa, the petitioner must first prepare and electronically file a Petition for Dissolution of Marriage with the district court in the county where either spouse resides (Iowa Code §598.2). Iowa uses the Electronic Document Management System (EDMS) for court filings, and most documents are submitted electronically. The filing fee is $265, which is paid to the Iowa Judicial Branch at the time of filing. If the petitioner cannot afford the filing fee, they may submit an Application to Defer Costs for judicial review. Required documents typically include the Petition for Dissolution of Marriage, a Confidential Information Form, a Vital Statistics Form, and Financial Affidavits. Free court forms are available through the Iowa Judicial Branch website or through Iowa's Interactive Court Forms system. After filing, the petitioner must serve the respondent with the petition and an original notice. Service may be accomplished through personal service by a sheriff or private process server, by certified mail with return receipt, or by having the respondent sign an Acceptance of Service (Iowa Court Form 205). The cost of service varies, typically ranging from $20 to $100 depending on the method. Service must be completed within 90 days of filing, or the case may be dismissed. After being served, the respondent generally has 20 days to file an answer and, if desired, a counterclaim. If the respondent fails to respond, the petitioner may seek a default judgment. Once service is completed, the 90-day mandatory waiting period begins. During this time, the parties may negotiate a settlement agreement addressing property division, custody, support, and other issues. The court may order mediation, particularly in cases involving contested custody issues. Each judicial district may have specific local procedures. If the parties reach an agreement, they submit a proposed decree to the court for approval. If they cannot agree, the case proceeds to a hearing or trial. Even in uncontested cases, the court must review and approve the terms before signing the final Decree of Dissolution of Marriage. Once the judge signs and files the decree, the divorce is final. When minor children are involved, both parents may be required to attend a children's needs course within 45 days of filing (Iowa Code §598.19A). Both spouses must also file Financial Affidavits on official forms available from the clerk of court (Iowa Code §598.13). Parties with children will need to complete a Child Support Guidelines Worksheet as part of the proceedings. In Iowa, all divorce (dissolution of marriage) cases are handled by the Iowa District Courts, which have original jurisdiction over dissolution proceedings under Iowa Code §598.2. Iowa's district court system is organized into eight judicial districts that cover the state's 99 counties. Each county has a clerk of court who manages filings and maintains records. Divorce cases are filed as equity matters in the district court of the county where either the petitioner or the respondent resides. Iowa's district courts are courts of general jurisdiction, meaning they handle a broad range of civil and criminal matters including family law, probate, and juvenile cases. Within the district courts, judges may be specifically assigned to family law or domestic relations cases depending on the size and structure of the judicial district. Some districts have specialized family law dockets or domestic relations divisions to manage the volume of divorce, custody, and support cases. If a party is dissatisfied with the district court's decision in a divorce case, they may appeal to the Iowa Court of Appeals. Iowa dissolution cases are reviewed de novo on appeal, meaning the appellate court reviews the facts and law anew, although it gives weight to the trial court's factual findings, especially regarding witness credibility. Further appeal may be sought from the Iowa Court of Appeals to the Iowa Supreme Court, though the Supreme Court has discretion over which cases it accepts for review. The Iowa Supreme Court also plays a significant role in family law by establishing and periodically updating the state's child support guidelines (Iowa Court Rules, Chapter 9). The Iowa Judicial Branch provides resources for self-represented parties through its website, including free court forms, guides for representing yourself in a divorce (with or without children), and information about the electronic filing system. Legal aid organizations and the Iowa State Bar Association also offer resources for consumers navigating the divorce process.

Iowa imposes a mandatory 90-day waiting period after the petition for dissolution of marriage is served on the respondent before a final divorce decree can be entered (Iowa Code §598.19). This waiting period is designed to provide the parties with time for potential reconciliation, negotiation of settlement terms, and resolution of issues such as property division, custody, and support. The 90-day clock begins running from the date the respondent is served with the divorce papers, not from the date the petition is filed. In rare and exceptional circumstances, the court has discretion to waive or shorten the 90-day waiting period. However, this is uncommon and typically requires a showing of emergency or extraordinary circumstances. In the vast majority of cases, the parties must wait the full 90 days before the divorce can be finalized, even if both spouses agree on all terms and the divorce is uncontested. Additionally, if either spouse requests conciliation (a form of marriage counseling), the court may order the parties to participate in conciliation proceedings for up to 60 days (Iowa Code §598.16). If conciliation is ordered, the 90-day waiting period does not begin until conciliation is completed. This means that in cases where conciliation is required, the total time before a decree can be entered may be 150 days or more. The conciliator may be a member of the clergy, a physician, a marriage counselor, or a representative from a family service agency or community mental health center. There is no requirement in Iowa for a formal separation period before filing for divorce. Spouses may continue to live together during the divorce process and throughout the 90-day waiting period. The waiting period is simply a minimum timeline — contested divorces may take significantly longer than 90 days depending on the complexity of issues and the court's docket.