Divorce Resources in Iowa: Court Forms, Legal Aid & Filing Guide

To file for divorce in Iowa, you must file a Petition for Dissolution of Marriage with the district court in the county where either spouse resides. Iowa is a no-fault state under Iowa Code §598.5, requiring only evidence that the marital relationship has broken down with no likelihood of preservation. If the respondent is an Iowa resident and will be personally served, there is no residency requirement. Otherwise, the petitioner must have lived in Iowa for at least one year before filing under Iowa Code §598.2. You must use the approved Chapter 17 court forms: Form 101 for cases without children or Form 201 for cases with children. The filing fee is $265 under Iowa Code §602.8105(1)(b). You must file electronically through the Iowa eFiling system unless you obtain court permission for paper filing.

After filing the petition, you must serve the respondent with the Original Notice and Petition. Service must be completed within 90 days of filing. Personal service is the preferred method, completed by a sheriff or private process server using Form 104 (Original Notice for Personal Service). If the respondent cannot be located, you may file Form 107 (Motion and Affidavit to Serve by Publication) to request court permission for service by newspaper publication under Iowa Code §598.3. Alternatively, the respondent may sign Form 105 (Acceptance of Service) to voluntarily accept the papers. Once service is completed, file Form 110 (Affidavit of Service) as proof. Iowa law requires a mandatory 90-day waiting period from the date of service before the court may enter a final decree under Iowa Code §598.19.

Both spouses must file a Financial Affidavit (Form 124 or R.C.P. 1.1901 Form 7) disclosing all income, expenses, assets, and debts before the dissolution hearing, as required by Iowa Code §598.13. Failure to file constitutes a discovery violation under Iowa Rule of Civil Procedure 1.517. If minor children are involved, both parents must complete a court-approved parenting education course within 45 days of service under Iowa Code §598.15. Mediation is also required under Iowa Code §598.7 and must be scheduled within 90 days of service and completed within 120 days. A domestic abuse history exempts a party from the mediation requirement. The court will not enter a final decree until all requirements are met.

The respondent has 20 calendar days from the date of service to file an answer using Form 115 or Form 116. If the respondent does not answer, the petitioner may seek a default decree after providing Form 126 (Notice of Intent to File for Default). If both parties agree on all terms, they file Form 128 (Settlement Agreement) and Form 127 (Request for Relief) for the court to review and approve. The court must find that the marital relationship is irretrievably broken under Iowa Code §598.17 before granting the dissolution. The court may also order conciliation under Iowa Code §598.16 for up to 60 days if either party requests it. The final decree divides property equitably, determines spousal support, and if children are involved, establishes custody, visitation, and child support.

Iowa requires all parents involved in a divorce or custody case to complete a court-approved parenting education course under Iowa Code §598.15. Both parents must attend the course within 45 days of the service of the Original Notice and Petition. The course teaches parents how separation and divorce affect children, covers co-parenting communication techniques, and addresses financial responsibilities after divorce. Common approved programs include "Children in the Middle," "Co-Parenting for Resilience" offered by Iowa State University Extension ($65 per person, 4-hour Zoom session), and various county-specific programs. Each parent must arrange and pay for the course individually. A final decree will not be granted until both parties have complied with this requirement. The court may waive attendance for good cause, such as documented domestic abuse under Iowa Code §598.41(3)(j). The court may also order age-appropriate counseling for children involved in the dissolution.

Iowa requires parties in dissolution of marriage actions to participate in mediation under Iowa Code §598.7. Mediation must be scheduled within 90 days after service of the Original Notice and Petition and completed within 120 days. The parties may choose their own mediator, or the court will appoint one. Both parties have the right to have their attorney present during mediation sessions. The cost of mediation is borne by the parties as agreed or as ordered by the court and may be taxed as court costs. Any agreement reached through mediation is not enforceable until approved by the court. A party may be excused from mediation if they demonstrate a history of domestic abuse as specified in Iowa Code §598.41(3)(j). After mediation, an attorney or party must submit a mediation report to the court identifying remaining issues, summarizing each party's position, and briefly stating factual disputes. Mediation is not required to produce an agreement — if disputes remain unresolved, the case proceeds to trial.

Iowa requires both parties in a dissolution of marriage to disclose their complete financial status under Iowa Code §598.13. No showing of special circumstances is required before disclosure is ordered — financial disclosure is automatic in every Iowa divorce case. Each party must file a Financial Affidavit on the Supreme Court-prescribed form (R.C.P. 1.1901, Form 7, also designated as Form 124 for no-children cases under Chapter 17) prior to the dissolution hearing. The affidavit covers all income, expenses, real estate, vehicles, bank accounts, investments, retirement accounts, debts, and other assets. The form is available free of charge from the clerk of the district court. Both parties may waive this requirement only upon joint application and court approval. Failure to file the Financial Affidavit constitutes a discovery violation under Iowa Rule of Civil Procedure 1.517, which may result in sanctions including default judgment. The court may also order a trustee to disclose trust documents and financial statements related to any beneficial interest a party holds.