Divorce is never an easy decision, but once you’ve chosen to move forward, it’s important to understand the legal steps required to begin the process. In Iowa, you must meet specific residency and waiting period requirements before a court can grant a divorce. At Feitelson Law Firm, our Des Moines family law attorney aims to ensure you’re informed and prepared as you begin this important transition.
Iowa’s Residency Requirement for Divorce
To file for divorce in Iowa, at least one spouse must be a state resident. If only one spouse lives in Iowa, that person must have lived in the state for at least one year before filing. If both spouses already live in Iowa, this one-year requirement does not apply.
To prove residency, the filing spouse may need to provide documents such as a lease agreement, utility bill, driver’s license, or testimony affirming their intent to remain in the state.
It’s also important to note that Iowa does not require the couple to have lived together in the state. If one spouse meets the residency requirement, the court can take jurisdiction over the divorce.
What Is the Waiting Period for Divorce in Iowa?
Iowa law also imposes a mandatory 90-day waiting period before a divorce can be finalized. This 90-day clock begins after the divorce petition is served on the non-filing spouse.
The waiting period allows both parties time to reflect, resolve temporary issues, and potentially reach agreements on important matters like child custody, property division, or spousal support.
During this period, the court may issue temporary orders to address issues such as:
- Custody and visitation schedules for children.
- Temporary child or spousal support.
- Who stays in the marital home.
- How bills and debts are handled during the process.
In rare cases, the court may waive the 90-day waiting period if it finds good cause, such as domestic abuse or other urgent circumstances, but such waivers are not common.
Planning Can Help You Avoid Delays
Meeting Iowa’s residency and waiting period requirements is the beginning of the divorce process. How smoothly the rest of your divorce proceeds often depends on whether the issues in your case are contested or resolved by agreement.
At Feitelson Law Firm, we help clients prepare the necessary filings, serve legal documents properly, and begin building their cases well before the waiting period ends. Our goal is to ensure that the process moves forward without unnecessary delays and that your rights and interests are protected every step of the way.
Talk to a Des Moines Divorce Attorney Today
If you’re considering divorce in Iowa, understanding the timeline and legal requirements is a crucial first step. Whether you’re ready to file or just exploring your options, Feitelson Law Firm is here to help.
Contact us today to schedule a consultation. Let’s move forward together—with clarity, preparation, and the support you deserve.
