Uncontested Divorce in Iowa

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Divorce is a huge turmoil in one's life. During this process, the separating partners lose peace of mind. Not only this, there is a huge loss of money as well, which can impact their future to a certain extent. The divorcing couple should try their level best to ensure that the loss of these two factors is minimized. For this, they must try to resolve all the important issues of their case amongst themselves without going to court. The best way to do this is to choose an uncontested process. This type of divorce is prevalent in many countries across the globe. Iowa in the Midwestern Unites States has provisions for this process. There are certain rules and laws that separating spouses have to abide by in order to obtain an uncontested divorce in Iowa.

In Iowa, the divorcing partner filing for the case is termed the Petitioner. Respondent is the other partner responding to the action. The District Court in the counties is the venue where the action has to be filed.

Like any other legal matter, in case of divorce also you should possess a good understanding of the relevant laws. Here we present some relevant and truthful information about the different requirements and paperwork that you have to complete before and during the process.

Residency requirements for Uncontested Divorce in Iowa

According to the Iowa divorce laws, there is no residency criterion for the Petitioner. However, the Respondent must be a resident of this state. The county where the Petitioners or the Respondent lives is selected as the venue to file the action.

Grounds for Uncontested Divorce in Iowa

In this state there is a singular basis for divorce, which falls under the no-fault ground. It implies that the marital relation has broken down to such an extent that the rightful objects of matrimony have been destroyed and there is no reasonable possibility that the marital status can be maintained

Forms required in cases where minor children are not involved

The Petitioner must file the below mentioned forms:

• FL-101: A Petition for Dissolution of Marriage with no minor children: This document provides identification of the divorcing parties, their addresses, their birth dates and states. The document also states the following three points:
  • The wife is not pregnant, the marriage is broken and it is impossible to save it, and there is a request for relief.
  • The divorcing couple does not have any children over 18 years of age that are still in need of support.
  • The divorcing couple does not have any children less than 18 years of age that are born or adopted during marital status.
• FL-106: Directions for Service of Original Notice: This form identifies the party that provides service of the process, the delivery of the Petition, and Original Notice to the Respondent.
• FL-105: An Acceptance of Service of Original Notice: This document is signed by the Respondent in order to attest to the fact that the Petition and the Original Notice of Personal Service has been received and accepted by the Respondent.
• FL-104: Original Notice of Personal Service: This document along with a copy of the Petition for Dissolution of Marriage offers twenty days to the Respondent for providing a response like an Answer or a Motion.
• FL-103: A Confidential Information Form: Both the Respondent and the Petitioner fill in this form and furnish their Social Security Numbers.
• FL-102: A Coversheet for a Petition for Dissolution of Marriage with no minor children: This document identifies the action in progress as CD-DN (Domestic Relations : Dissolution : no children)

There may be certain cases where the Respondent is unwilling to accept service or they are residing outside the state. In such cases, the Petitioner must file the following forms in addition to those mentioned above:

• FL-107: A Motion and Affidavit to Serve by Publication: This forms attests to the fact that the Petitioner has tried to find their missing spouse.
• Fl-108: An Original Notice by Publication: This form is published in the county where the divorce action is filed once a week for three weeks consecutively.

Sometimes the Petitioner cannot bear the expenses of filing. Then, the Petitioner must file FL-109. This is an Application and Affidavit to defer payment of costs. The Petitioner is now exempted from the filing fees.

Waiting Period

An uncontested case can become final after a waiting period where the couple has to wait for a minimum period of 90 days.

This is a general overview of an uncontested divorce in Iowa. For more specific information, you must take the help of an experienced advocate. Remember to abide by the specified rules and laws in order to secure your future to a great extent.

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