Divorce papers in Iowa — filing for divorce in IA

Online divorce in Iowa

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How to get divorce in Iowa

Online Divorce provides qualitative and approved by the court Iowa divorce papers. The information below will help you understand more about the divorce in Iowa. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Iowa. We guarantee that in a short time you will receive the correct Iowa divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get a divorce in Iowa:

1

You can divorce in Iowa only because of non-fault reasons. This means that you need to prove that your relationships are irretrievably broken and there is no likelihood that to restore them.

2

You need to be Iowa resident in order to file for divorce in this state. The most difficult thing about it is that you need to live in Iowa for at least one year in order to file for divorce in this state.

3

You need to wait 90 days to the dissolution of marriage becoming final.

4

You must fill all the necessary forms and add special documents. In the situation there are 3 choices:

The first one, you can do it by yourself and spend a lot of time calling to your friends and relatives and searching the internet in order to find out what forms you need to fill and how to fill them accurately.

The second one, you can ask an attorney to help you choose the appropriate documents and to fill all the necessary forms. It is obviously that the attorney will cost you a lot of money that you do not want to spend. As the result you will be very upset as filling the forms this is just the beginning of the divorce process and all money for divorce will have gone by that time.

The third one, you can ask Online divorce for a help and this will cost you many times less than an attorney and you will save your time. Most of people do not like filling forms and dealing with documents. We know it.
That is why Online Divorce is always there to help you with:
- choosing appropriate divorce form documents that correspond to your divorce case;
- filling these documents out according to the rules of Iowa;
- saving your time for all the divorce issues;
- saving your money you are going to spend for an attorney.

5

The last step after filling you forms you need to have 3 copy of each document (one for you, one for your spouse and one for the court) and file all this documents to the court.

Residency:

Most of people know that in the USA the law changes from state to state. That is why it can make a divorce in Iowa a very difficult process.

It is important to know that in Iowa either you or your spouse have to live in Iowa for at least 1 years and after than you can file for divorce in this state.

In comparison with Iowa where you need to stay in the state for at least 90 days, Iowa is a quite strict state.
Once you decided to file for divorce in Iowa, and neither you nor your partner have not lived there for 1 year, you can consider another state for applying if you do not want to wait.

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Valid grounds to get divorce in Iowa

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According to the law Iowa is considered as a non-fault state. This mean you do not need to prove that your spouse is guilty in order to get a divorce.

On the other hand a bad behavior of a spouse (such as domestic violence, child or spouse abuse, adultery, drug or alcohol addiction and other misconduct) may have effect upon court decisions about child custody, property division, assets and debts division, child support, alimony and other important issues.

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Annulment of the marriage in Iowa

You need to remember that to get a divorce in Iowa is easier than to get an annulment. This is because if you want to annul your marriage you need to fit the following requirements such as:

  • You or your spouse were already married when you entered this marriage;
  • You or your spouse were underage. It means you were younger than 18 years old during the wedding ceremony and your parents or guardians did not sign all the necessary documents for you.
  • You were married by force and it was not your own decision.
  • Your partner married with you by fraud (he/she did not tell you some important facts about his/her life such as pregnancy, incurred disease, financial situation, any other important facts.
  • You marriage a whole blood or half-blood relative (brother, sister, father, mother, grandmother, grandfather, aunt, uncle, etc).
  • You or your spouse were insane during the wedding ceremony.
  • Your spouse has problems with his/her health and can’t have any sexuaal relationship and you want to have children.
  • The marriage is prohibited by a law.
  • You and your spouse were married under alcohol or drug intoxication.

After annulment you can treat your spouse as you have never been married. This is the difference between the annulment of the marriage with the divorce. Annulment declares that your marriage has never ever existed and divorce in Iowa just dissolve the marriage.

Some people do not want to divorce with their spouse, because of their moral, religious or other beliefs. That is why annulment for them can be a solution of their problems.

When you annul your marriage you also need to divide the property and think about a child custody and visitation hours. If children appeared during a marriage you can check whether it is your or not yours children by taking DNA test.

If you are a victim of the circumstances and your spouse forced you to marry him or entered a marriage by fraud, the court can punish one spouse and award you a punishment and give a hurted spouse bigger part of a property or make a guilty party to pay spousal support, etc.

Legal separation

Sometimes people do not know that there are some alternatives to divorce in Iowa. Some people continue to live together even if it is very difficult for them, but they do not want to divorce due to some of the following reasons:

  • They consider a divorce as a great sin and do not want to be rejected by their community.
  • One spouse receives health benefits because he/she is married to the other.
  • Tax benefits.
  • One partner receives government benefits by being married to the other.
  • You or your partner still have a hope for reconciliation.

In this case legal separation is a perfect solution of the problem. According to the Iowa law legally separated couple are considered as married couple. Neither party is allowed to marry again until they got a dissolution of their marriage.

Usually during the legal separation spouses go through the same process as divorce. They divide their property, decide questions concerning child custody and amount of child support, discuss issues about spousal support, separated property, visitation hours and other important questions.
It is always better to ask a professional attorney about all the advantages and disadvantages of legal separation.

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Custody of the child in Iowa

Custodyof the child

There are two main types of child custody: joint and sole custody. Joint custody means both parents take important decisions about a child together. This can be decision about child’s religious beliefs, a school or college a child will attend, what extracurricular activities he participates in, decision about child’s health and any other essential decisions about child’s life.

Sole custody give right to only one partner to make important decisions about a child. Usually in Iowa sole custody is possible only if another parent is drug or alcohol addicted, insane or there was any history of domestic violence. In other cases all the decisions about a child a court makes according to the child’s best interests. This means a child should have a continued and permanent relationships with both parents, mother and father.

There are also physical and legal custody of a child. Physical custody means a child spend most days and nights during the year with one parent who was granted with this custody. Sometimes physical custody is called physical care.

On the other hand legal custody is a legal right to make important decisions about your child’s health, education, food, religion, etc.

There are many factors that play important role in making a decision about child custody:

  • Parents wishes about a child.
  • Child wishes about living with one parent.
  • Child relationship with other members of the family (brothers, sisters, aunt, uncle, grandmother, grandfather, etc).
  • Child relationship with local community (neighbourhood).
  • A school child attends and will attend in the future.
  • Child’s hobby and his ability to attend extracurricular activities he participates in.
  • Any history of domestic violence.
  • Parents age.
  • Any history of drug or alcohol addiction.
  • Parent’s ability to raise a child.
  • Any history of drug or alcohol addiction of a parent’s new girlfriend/boyfriend.
  • Any other important for child’s life factors.

Rules for child support in Iowa

There are two main types of child custody: joint and sole custody. Joint custody means both parents take important decisions about a child together. This can be decision about child’s religious beliefs, a school or college a child will attend, what extracurricular activities he participates in, decision about child’s health and any other essential decisions about child’s life.

Sole custody give right to only one partner to make important decisions about a child. Usually in Iowa sole custody is possible only if another parent is drug or alcohol addicted, insane or there was any history of domestic violence. In other cases all the decisions about a child a court makes according to the child’s best interests. This means a child should have a continued and permanent relationships with both parents, mother and father.

There are also physical and legal custody of a child. Physical custody means a child spend most days and nights during the year with one parent who was granted with this custody. Sometimes physical custody is called physical care.

On the other hand legal custody is a legal right to make important decisions about your child’s health, education, food, religion, etc.

There are many factors that play important role in making a decision about child custody:

  • Parents wishes about a child.
  • Child wishes about living with one parent.
  • Child relationship with other members of the family (brothers, sisters, aunt, uncle, grandmother, grandfather, etc).
  • Child relationship with local community (neighbourhood).
  • A school child attends and will attend in the future.
  • Child’s hobby and his ability to attend extracurricular activities he participates in.
  • Any history of domestic violence.
  • Parents age.
  • Any history of drug or alcohol addiction.
  • Parent’s ability to raise a child.
  • Any history of drug or alcohol addiction of a parent’s new girlfriend/boyfriend.
  • Any other important for child’s life factors.
Uncontested Iowa divorce with children
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Rules for spousal support in Iowa

Rules for spousal support

There is joke that nobody knows for sure the amount of spousal support the court will award after divorce in Iowa. But of course an experienced attorney can help you with this issue and tell you at least approximate amount of alimony you will receive each month.

As it was mentioned before Iowa is a non-fault state, but a certain misconduct during a marriage can cause you pay bigger amount of money to your spouse than you should pay when you were a decent spouse.

Usually the amount of money you should pay to your spouse as an alimony depends on the following factors:

  • Separate property of both spouses.
  • Ability of each spouse to earn money.
  • Education of each spouse.
  • Mental and physical health of both spouses.
  • Age of both spouses.
  • The length of the marriage.
  • Standard of living of the spouses during the marriage.
  • Financial situation of each spouse.
  • Any other factors the court may find important.

Divorce without a lawyer in Iowa

If you apply for a divorce in Iowa, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Iowa can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Iowa

Most of professional attorney advise their clients to have at least one mediation support session as it is very helpful for the whole divorce process. During the mediation session both partners discuss such important issues as property division, amount of child support, amount of alimony or spousal support, division of assets and debts, visitation hours and many other questions. Then they sign Divorce Settlement Agreement in the presence of the attorney and file this document to the court.

When a couple can not agree during the first mediation session it is essential to meet again with each spouse separately. Sometimes people are too shy and can’t talk openly in front of other people or they are afraid of their spouse ( this is usually about women when there was a history of a domestic violence in a family).

That is why there is an individual mediation session, where a spouse can tell more about his/her wishes concerning child custody, visitation hours, as some parents do not want their child to keep in touch with his/her another parent due to domestic violence. Mediator it is a third party who helps couples to reach an agreement and make a divorce process easier and more quick.

Divorce forms in Iowa

There are a big amount of forms you need to fill in order to get a divorce in Iowa. All forms you need to fill with the accuracy and care, it is important also to choose only those forms that are relevant to your case. If you fill forms in a not appropiate way or choose the forms that does not fit your case, the court has a right to rejext your petition. In this case you ill have to start everything from the very beginning.

Online divorce understand that filling form is a very important issue and we are always ready to help you with:

  • Choosing the appropriate divorce form documents that you need for your case;
  • Filling all the document correctly;
  • Answering all your easy and difficult question about divorce in Iowa;

Here is a list of some divorce forms in Iowa:

  • Acceptance of Service
  • Original Notice for Personal Service
  • Confidential Information Form
  • Petition Cover Sheet for a Dissolution of Marriage
  • Petition of Dissolution of Marriage
  • Motion and Affidavit to Serve by Publication
  • Original Notice by Publication
  • Application and Affidavit to Defer payment of Costs
  • Response to a Motion
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