The Divorce Timeline in Iowa
A divorce is not an easy process, but under the right circumstances, it may take as little as ninety days. State law imposes a waiting period after filing the petition for divorce, but uncontested cases may be resolved as soon as that waiting period is over. Contested divorce cases take longer, lasting several months or even more than one year.
Residency Requirements for Filing a Divorce
Iowa law requires that you meet specific residency requirements in order to file your divorce. These include:
- You must have been an Iowa resident for at least one year prior to filing OR your spouse must be an Iowa resident and must be personally served with the divorce papers
- You must have lived in the county that you are filing for at least 90 days prior to filing
If you are unable to meet these requirements, your case could be dismissed. Your attorney can help you file in the appropriate jurisdiction.
Ninety Day Waiting Period
Iowa law imposes a ninety day waiting period between the date you first filed your divorce case until the Court is allowed to enter a final decree. This time period is designed to allow a cooling off period where couples can reconcile if they wish, and not make a hasty decision.
Under very specific circumstances, a Court can waive this waiting period. Whether the court will do so is a question you can ask your divorce attorney.
Contested vs Uncontested Divorce: How It Affects Your Timeline
How long your divorce takes will also depend on whether it is a contested or uncontested divorce. An uncontested divorce occurs when the parties are able to agree about all of the major decisions in their divorce. This can include issues such as child custody, property distribution, debt allocation, and much more. Many couples can work out these matters with the assistance of legal counsel and present a proposed agreement to the court. This significantly reduces the time it takes to finalize your divorce.
A contested divorce occurs when the parties cannot agree on the terms of their divorce. This forces them and their attorneys to litigate those issues in Iowa courts. Common disputes that lead to a contested divorce include, but are not limited to:
- Disagreements over child custody and care
- Disputes over debt allocation and equitable division of property
- Whether the parties should pay spousal support
- Disagreements about child support
How To Reduce the Time It Takes to Get Divorced
There are several tips that may help reduce the time it takes to get divorced in Iowa. The first and foremost is to hire an experienced Iowa divorce lawyer. They are highly skilled in these cases, including in techniques to reduce conflict.
Other helpful tips include:
- Speaking with your spouse about potential issues after consulting an attorney
- Utilize mediation to help the parties negotiate a resolution
- Focus on the goals you share and where you already agree
- Gather and organize documentation as soon as your attorney requests it, including financial documents
Seek Assistance for Your Iowa Divorce
Our team of knowledgeable divorce lawyers know how to streamline your divorce whenever possible. In every case, we put your needs first and help you navigate the complex divorce process.
Our team at Family Law Solutions of Iowa, LLC, are standing by to help. Contact us today for a consultation of your case.