Divorce can feel overwhelming, especially when the legal process is unfamiliar, and emotions are running high. While Iowa law provides a structured framework for ending a marriage, no two divorces follow the same path. Every marriage, family dynamic, and financial situation is different, and the steps can vary based on the issues and the level of agreement between spouses.
This overview is intended to provide a general understanding of how divorce typically proceeds in Des Moines, not a substitute for legal advice tailored to your circumstances.
Filing for Divorce in Polk County
A divorce in Des Moines begins when one spouse files a Petition for Dissolution of Marriage in Polk County District Court. Iowa is a no-fault divorce state, meaning neither spouse must prove wrongdoing. Instead, the filing spouse states that the marriage is irretrievably broken.
After the petition is filed, the other spouse must be formally served and given time to respond. Deadlines and procedural rules apply, making proper filing and service essential.
Temporary Orders and Early Case Issues
In many divorces, specific issues need to be addressed early in the process. Temporary orders may be requested to establish guidelines for child custody, parenting time, child support, spousal support, or use of the marital home while the case is pending.
Not every case requires temporary orders, but they can provide structure and stability during the early stages of divorce.
Financial Disclosure and Information Exchange
Both spouses must disclose financial information during the divorce process. This includes income, assets, debts, and expenses. Accurate and complete disclosure is critical, as it forms the foundation for decisions related to property division, support, and long-term financial planning.
Disputes often arise during this stage, particularly when assets are complex or when one spouse believes information is being withheld.
Negotiation, Mediation, and Settlement Discussions
Many divorces in Des Moines are resolved through negotiation or mediation rather than trial. These processes enable spouses to reach mutually acceptable agreements on property division, custody, and support.
Settlement discussions can occur at multiple points in the case. While reaching an agreement can reduce time and expense, not all cases are appropriate for early resolution.
Court Hearings and Trial When Necessary
If spouses cannot reach an agreement, unresolved issues may proceed to court. A judge will hear evidence and make decisions based on Iowa law and, when children are involved, the child’s best interests.
Trials are generally more time-consuming and costly, but they are sometimes necessary when disputes cannot be resolved through negotiation.
Finalizing the Divorce
Once all issues are resolved, either through agreement or court decision, the judge will issue a final Decree of Dissolution of Marriage. Iowa law requires a 90-day waiting period from the date of service before a divorce can be finalized, although limited exceptions may apply.
After the decree is entered, both parties are legally divorced and must comply with the court’s orders.
Why Legal Guidance Matters in the Iowa Divorce Process
While this overview outlines common steps, divorce is never a one-size-fits-all process. Factors such as children, business ownership, retirement accounts, and high-conflict dynamics can significantly affect how a case proceeds.
Our Des Moines family law attorney can help you understand how Iowa law applies to your specific situation, protect your interests, and guide you through each stage of the process.
Speak With Our Des Moines Family Law Attorney at Feitelson Law Firm
If you are considering divorce or have questions about what to expect, Feitelson Law Firm is here to help. Our Des Moines family law attorney provides clear guidance, practical solutions, and steady support throughout the divorce process.
Contact Feitelson Law Firm today to schedule a confidential consultation and discuss your next steps.
