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When and where can you file for divorce?

If your marriage is at an end and you wish to file for divorce, it is important to understand the laws on when and where you can file. You simply cannot go to any state and file for divorce as states typically have residency requirements. In Iowa, according to the Iowa State Bar Association, either you or your spouse must be a resident of the state in order to file for divorce in the state. To be considered a resident, you or your spouse must have lived in the state for at least one year. You also cannot file at just any courthouse. You must file in the county in which you or your spouse lives. 

While you can file at any point as long as one of you has residency, you may face waiting periods for the divorce to be finalized. In some cases, there is a 90-day period you must wait. You may also have conciliation procedures for 60 days, which delay the process. If you have children, then you will be required to take a course covering children's needs, but this can be taken up to 45 days after the divorce is finalized.

It is also important to note that Iowa is a no-fault state. This means there are no grounds for divorce except that the marriage has broken down to the point where the bonds no longer exist and it cannot be rectified. You cannot argue any other grounds. This information is for education and is not legal advice. 

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Janssen Law, PLC
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Des Moines, IA 50309-1712

Phone: 515-421-9068
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