Ensuring a Smooth Transition for Your Future

When seeking a divorce, there are a few legal requirements that must be met in order to finalize the proceedings. Iowa is a no-fault state, which means that a spouse seeking a divorce does not have to prove that the other spouse caused the marriage to fail.

In order to file for divorce, one of the spouses must have been a state resident for at least 1 year (or the opposing party must be able to be personally served in Iowa) and must complete a 90-day waiting period before the divorce becomes final.

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Iowa Divorce Residency Prerequisites Explained

It’s a common misconception that you can only get divorced in that state that you were married in. This is simply not the case – even if you were married in another state, you can file for divorce in Iowa so long as you first meet a residency requirement.

The requirement states that:

  • You and your spouse must be Iowa residents for at least one year prior to filing
  • You must have lived in the county that you are filing for at least 90 days prior to filing

If you do not meet the residency requirement, your case will not be accepted, or it will eventually be dismissed.

Give our divorce attorneys a call 515-639-3000 to schedule a consultation with our experienced team of lawyers in Des Moines.

Understanding the Divorce Timeline in Iowa

The waiting time for a divorce in Iowa strictly depends on when the paperwork has been filed in court. Once it has been documented and filed, there is a standard 90-day waiting period. The time from beginning to end may also vary if the court has a higher caseload or if there is a lack of available judges.

Equitable Distribution: Asset Division in Iowa Divorces

The state of Iowa is an “equitable distribution” state, which basically means that any property in a divorce is not divided 50/50; it is divided by what is deemed fair by the court.

Prenuptial agreements can determine property division before a divorce, and sometimes spouses can even amicably divide assets through mediation. If these cannot be done, a judge will rule based off of several factors including the length of marriage and earning capacity.

Decoding Prenuptial Agreements in Iowa

A prenuptial agreement, often referred to as a prenup, is a legal contract made between two individuals before they get married. This agreement typically outlines how assets, property, debts, and other financial matters will be handled in the event of a divorce or the death of one of the spouses.

Prenuptial agreements can address a wide range of financial issues, including:

  • Property division: The agreement can specify how property and assets acquired before and during the marriage will be divided in the event of a divorce.
  • Financial responsibilities: Prenups can outline each spouse’s financial responsibilities during the marriage, such as how expenses will be shared and how joint accounts will be managed.
  • Protection of assets: Individuals with significant assets or family businesses may use a prenup to protect their property from being subject to division in a divorce.
  • Alimony/spousal support: The agreement can address whether one spouse will pay alimony (spousal support) to the other in the event of a divorce, and if so, how much and for how long.
  • Debts: Prenups can specify how debts incurred before and during the marriage will be handled, including whether each spouse will be responsible for the other’s debts.

Impact of Prenuptial Agreements on Iowa Divorces

A prenuptial agreement, or “prenup,” is a legal contract that is entered into by a couple before they get married. The purpose of a prenup is to set forth the terms of the couple’s financial arrangement in the event that they get divorced. In Iowa, prenuptial agreements are governed by the Iowa Uniform Premarital Agreement Act.

If a couple gets divorced in Iowa and they have a prenup in place, the terms of the prenup will generally be enforced by the court, as long as the prenup is deemed to be valid and enforceable. In order to be valid and enforceable, a prenup must meet certain requirements under Iowa law, such as being in writing and signed by both parties.

If the prenup is found to be invalid or unenforceable, the court will not consider its terms when deciding issues related to property division, alimony, and other matters. Instead, the court will apply the state’s laws on property division and alimony to the divorce case.

When to Consult a Des Moines Divorce Attorney

Divorce can be a challenging and emotionally charged process. Knowing when to hire a divorce attorney in Iowa can significantly impact the outcome of your case.

You should consider hiring divorce attorneys when your situation involves:

At Family Law Solutions of Iowa, we have decades of experience and offer many family law services. Reach out to us to schedule a consultation so that we may discuss your case and help you understand your options. We believe in transparency and offer flat-fee rates to provide our clients with predictability and peace of mind during this challenging time. Call 515-639-3000 to speak with one of our skilled divorce attorneys in Des Moines today.

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Why Hire an Attorney for Divorce?

At Family Law Solutions of Iowa, LLC, we have extensive experience representing clients across the state who wish to dissolve their marriage. With compassion, discretion, and personalized attention, our firm prepares a thorough case on each client’s behalf in order to finalize the divorce as quickly and peacefully as possible.

By hiring our firm, you can focus on getting back to as normal a life as possible. We fill out and submit all of the necessary paperwork and advocate for your rights and best interests in and out of the courtroom.

A lawyer from our firm can handle all aspects of your divorce, including:

Learn How Our Experienced Divorce Law Firm Can Help

No matter how difficult your situation may be, our family attorneys have the experience and knowledge required to help you successfully resolve your divorce.

With unmatched legal support, you can be confident that by hiring an attorney at Family Law Solutions of Iowa, LLC, your divorce will be handled professionally. Contact us for individual service and compassionate representation.

Contact us at 515-639-3000 to schedule a consultation with our caring and capable lawyers in Des Moines.