Iowa Code Chapter 598 - Dissolution of Marriage and Domestic Relations

Iowa is a pure no-fault divorce state. The only ground for dissolution is that there has been a breakdown of the marital relationship to the extent the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can be preserved. Neither spouse must prove fault or wrongdoing. The petition must also state whether appointment of a conciliator may preserve the marriage.

Effective: 2024

If the respondent is an Iowa resident and is personally served, there is no residency requirement to file. Otherwise, the petitioner must have been an Iowa resident for at least one year before filing. The petition may be filed in any county where either spouse resides. If residency is not fully proved, the hearing cannot proceed further.

Effective: 2024

The court shall enter a decree of dissolution if the evidence establishes that the marriage relationship has broken down and there is no reasonable likelihood of reconciliation. The court may grant the dissolution even if only one spouse desires it. A decree may be entered whether or not the respondent has appeared.

Effective: 2024

The misconduct of the petitioner is not a defense to a dissolution action. Even if both spouses have engaged in wrongdoing, neither spouse can block the divorce by pointing to the other's behavior. This reinforces Iowa's no-fault approach by preventing either party from using fault as a reason to deny the dissolution.

Effective: 2024

The court may set aside a portion of the parties' property in a separate fund or conservatorship to protect and promote the best interests of the children. This fund covers support, maintenance, education, and general welfare of minor children. This is separate from the regular property division between the spouses.

Effective: 2024

Iowa uses equitable distribution — not an automatic 50/50 split. The court divides all property (including assets acquired before marriage) based on 13 factors: length of marriage, property brought by each party, each party's contributions (including homemaking), age and health, contribution to the other's education or earning power, each party's earning capacity, desirability of awarding the family home to the custodial parent, spousal support amounts, other economic circumstances including pensions, tax consequences, written agreements, antenuptial agreements, and any other relevant factors.

Effective: 2024

Property inherited by either spouse or gifts received before or during the marriage belongs to that spouse and is generally excluded from division. However, the court can divide inherited or gifted property if refusing to do so would be inequitable to the other spouse or to the children of the marriage.

Effective: 2024

Once the court divides property in a dissolution decree, that division is final and cannot be modified later. Unlike support orders, property division orders are permanent. This means parties should carefully review and negotiate property terms before the decree is entered.

Effective: 2024

Upon entry of a dissolution decree, any revocable beneficiary designation in a life insurance policy naming the former spouse as beneficiary is automatically revoked. This prevents an ex-spouse from receiving life insurance proceeds by default after divorce, unless the decree or a subsequent designation specifically provides otherwise.

Effective: 2024

Similar to life insurance, a dissolution decree automatically revokes revocable beneficiary designations naming the former spouse on retirement accounts, transfer-on-death instruments, and other contracts. This ensures that financial accounts pass according to updated intentions rather than outdated pre-divorce designations.

Effective: 2024

The court must award custody that gives the child maximum continuing physical and emotional contact with both parents and encourages parents to share rights and responsibilities of raising the child. Joint custody is the preferred arrangement unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result.

Effective: 2024

When either parent requests joint legal custody, the court must grant it unless there is clear and convincing evidence that joint custody is unreasonable and not in the child's best interest. This is a strong legal presumption — sole custody is rarely awarded. Joint legal custody means both parents share decisions on education, medical care, religious instruction, and extracurricular activities.

Effective: 2024

The court considers 9 factors to determine the child's best interest: suitability of each parent as custodian, the child's emotional needs for both parents, whether parents can communicate about the child's needs, whether both parents have actively cared for the child, whether each parent supports the other's relationship with the child, the child's wishes (considering age and maturity), whether either parent agrees or opposes joint custody, geographic proximity of the parents, and whether either parent has allowed a registered sex offender access to the child.

Effective: 2024

If the court finds a history of domestic abuse between the parents, there is a rebuttable presumption against awarding joint custody. This finding outweighs all other best interest factors. If a domestic abuse victim relocates or leaves the home due to fear of abuse, the court cannot hold that relocation against them in custody or visitation decisions. Mediation is also not required when domestic abuse is found.

Effective: 2024

If the parent with physical care relocates the child's residence 150 miles or more from where the child lived when custody was awarded, the court may treat this as a substantial change in circumstances. If it does, the court must modify the custody order to preserve, as nearly as possible, the existing relationship between the child and both parents.

Effective: 2024

The court may appoint a guardian ad litem — a licensed attorney — to represent the child's best interests in custody proceedings. The guardian ad litem conducts interviews with the child and each parent, reviews records, and may attend meetings with service providers. A guardian ad litem cannot also serve as the child's attorney — these roles must be filled by separate people.

Effective: 2024

The court may award spousal support (alimony) to either spouse for a limited or indefinite time. Iowa has no formula — the court considers 10 factors: length of marriage, age and health of both parties, the property division, each party's education level at marriage and at filing, earning capacity of the party seeking support, feasibility of becoming self-supporting at a comparable standard of living, tax consequences, mutual agreements about financial contributions, antenuptial agreement provisions, and any other relevant factors. Iowa recognizes traditional (indefinite), rehabilitative (time-limited), and reimbursement alimony.

Effective: 2024

Both parents must support their children in proportion to their respective incomes using Iowa's child support guidelines. A guidelines worksheet must be filed before any support hearing. When physical care is split between parents, the court calculates each parent's obligation, offsets the two amounts, and the parent with the higher amount pays the difference. A noncustodial parent with court-ordered visitation exceeding 127 days per year receives a credit toward their support obligation.

Effective: 2024

Support orders can be modified when there is a substantial change in circumstances. The court considers changes in employment, earning capacity, income, inheritances, medical expenses, number of dependents, health, residence, remarriage, and the needs of the child. A change of 10% or more from the current guidelines amount automatically qualifies as a substantial change. Modifications are retroactive only to three months after the opposing party is served with the petition.

Effective: 2024

As of July 1, 2025, Iowa courts can no longer order divorced parents to pay postsecondary education subsidies for their children (SF 513, signed May 6, 2025). Previously, courts could order a subsidy for children ages 18–22 who demonstrated capacity for postsecondary education, with each parent's share capped at 33⅓% of total costs based on an in-state public institution rate. Existing orders entered before July 1, 2025 remain in effect and cannot be modified solely on the basis of this change.

Effective: 2025

Iowa requires a mandatory 90-day waiting period from the date the respondent is served with dissolution papers before the court can enter a final decree. The court may waive this period if there is an emergency or circumstances requiring early action to protect the rights and interests of any party. If the respondent cannot be found and notice is published in a newspaper, the 90-day period begins on the last day of publication.

Effective: 2024

While a dissolution case is pending, the court can issue temporary orders addressing custody, support, possession of the marital home, and other urgent matters. These orders protect both spouses and children during the often lengthy period between filing and the final decree. Temporary orders remain in effect until replaced by the final dissolution decree.

Effective: 2024

Both parties must file a financial statement (net worth affidavit) on a form prescribed by the Iowa Supreme Court before the dissolution hearing. No showing of special circumstances is required — disclosure is automatic. Both parties may waive this requirement with court approval. Failure to file constitutes a discovery violation. The court may also order a trustee to disclose trust documents and financial information about a party's beneficial interest.

Effective: 2024

The court may order the parties to participate in mediation, particularly in custody disputes before ruling on a joint custody petition. Parties may choose their own mediator or the court will appoint one. Both parties have the right to have their attorney present during all mediation sessions. A party may be excused from mediation if the court finds a history of domestic abuse between the parties.

Effective: 2024

In dissolution cases involving minor children, both parents are required to attend a mandatory educational course before the court will issue a final decree. The course addresses the impact of divorce on children and strategies for co-parenting. The court may waive or delay participation for good cause. Course costs are taxed as court costs.

Effective: 2024

The court can order either spouse to vacate the marital home during a pending dissolution if the other spouse or the children are in imminent danger of physical harm. This is a domestic violence protective measure that overrides homestead protections, ensuring the safety of vulnerable family members while the divorce is in progress.

Effective: 2024

Either party may request a name change as part of the dissolution decree. The name can be changed to either the name on the person's birth certificate or the name the person had immediately before the marriage. The request should be included in the dissolution petition or response, and the court will include the change in the final decree. No separate name-change petition is required.

Effective: 2024

If a parent has a history of convictions for crimes against a minor child, the court must place restrictions on that parent's visitation rights. This statute provides additional safeguards for children beyond the general best-interest analysis, ensuring that a parent's criminal history involving minors is specifically addressed when setting visitation terms.

Effective: 2024

If a parent has been convicted of murder of the other parent, the court must restrict or deny that parent's visitation rights. This statute ensures that a child is not required to have contact with a parent who killed their other parent, recognizing the profound harm such contact could cause.

Effective: 2024

Iowa follows the Uniform Premarital Agreement Act under Chapter 596. A premarital agreement must be in writing and signed by both parties before marriage. It may address property rights, spousal support, and estate planning. However, the agreement cannot adversely affect the right of a child or spouse to support. Under §596.8, a prenuptial agreement is unenforceable if the party against whom enforcement is sought proves it was unconscionable or was not entered voluntarily.

Effective: 2024

The grandparent visitation provisions formerly in §598.35 were repealed in 2007 and moved to Iowa Code Chapter 600C (§600C.1). Grandparents and great-grandparents seeking visitation rights should petition under Chapter 600C, which requires showing that the visitation is in the child's best interest and that a substantial relationship existed with the child prior to filing.

Effective: 2024