Uncontested Divorce Iowa: An Overview
When a marriage ends, it can be a long and drawn-out legal process filled with contention and heartache. However, not all divorces have to be like this. In Iowa, couples who agree on the terms of their divorce can file for an uncontested divorce, which is typically quicker, less expensive, and less stressful than a contested divorce. Here is an overview of uncontested divorce in Iowa.
What is an Uncontested Divorce?
An uncontested divorce is a divorce in which both spouses agree on all aspects of the divorce, such as property division, child custody, support, and alimony. In an uncontested divorce, the couple creates a written agreement outlining the terms of their divorce. This agreement is then submitted to the court for approval, and once approved, becomes part of the final divorce decree.
Eligibility for Uncontested Divorce
In Iowa, couples are eligible for an uncontested divorce if they meet the following criteria:
• The couple agrees on all aspects of the divorce.
• The couple has been married for a minimum of 90 days.
• There are no minor children from the marriage, or if there are, all child custody and support issues have been agreed upon.
• The couple has lived in Iowa for at least one year.
The Uncontested Divorce Process
The uncontested divorce process in Iowa is typically quicker and less expensive than a contested divorce. The following are the steps involved in filing for an uncontested divorce in Iowa:
1. Draft a divorce agreement: Both spouses must agree on all aspects of the divorce and draft a written agreement that outlines the terms of the divorce.
2. File the paperwork: Once the divorce agreement is completed, it must be filed with the court. Both spouses must sign the paperwork, and it must be notarized.
3. Serve the other spouse: The other spouse must be served with the divorce paperwork. If the other spouse agrees to the terms of the divorce, they can sign an agreement waiving their right to be served.
4. Wait for the court’s approval: The court will review the divorce agreement and, if everything is in order, approve the divorce. The court will also issue a final divorce decree.
Benefits of Uncontested Divorce
There are several benefits to choosing an uncontested divorce in Iowa, including:
• Less expensive: Uncontested divorces are typically less expensive than contested divorces since there are fewer legal fees and court costs involved.
• Quicker: Because the couple agrees on all aspects of the divorce, the process is typically quicker than a contested divorce.
• Less stressful: Uncontested divorces are less stressful because there is no need for negotiations or court appearances.
In conclusion, if you and your spouse agree on all aspects of your divorce, an uncontested divorce may be the best option for you. It is less expensive, quicker, and less stressful than a contested divorce. It is important to consult with an experienced Iowa divorce attorney to ensure that your rights and best interests are protected throughout the process.
How to Get an Uncontested Divorce Iowa
Uncontested means not fought over or disputed, but of course, that is a misnomer.
Any divorce has been fought over for years, with both parties trying desperately to salvage the relationship before deciding fatefully that it is an irredeemable state of disrepair.
An uncontested divorce Iowa means that, after these months or years of arguments, an agreement has been reached, not only that a divorce is in the best interest of both parties involved, but there is agreement over the terms of the settlement.
Any disagreement and it is no longer an uncontested divorce in Iowa. Yet this is not to say that this is a simple matter to get an uncontested divorce in Iowa.
Rather it is a complicated procedure that you should research heavily in order to familiarize yourself with it.
Qualifying for an Uncontested Divorce Iowa
If you want to file for an uncontested divorce in Iowa, you need to meet certain important qualifications.
As said above, you need to come to an agreement on all the terms of the divorce agreement, such as the division of property.
If children are involved, this can be very difficult since it means agreeing on child custody, child visitation rights, and child support.
You must also meet the requirements for filing for divorce. You must have been a resident of Iowa for at least one year.
You must also file for uncontested divorce in Iowa in a county where either (it doesn’t matter which) of the parties resides.
Iowa is a no-fault divorce state, so the only reason that needs to be sighted is that there is no reasonable likelihood of the marriage’s survival.
Filing for Uncontested Divorce Iowa
One spouse must elect to be the “Petitioner” and officially file for uncontested divorce in Iowa. In doing so, they need to complete the following forms:
• A Petition for Dissolution of Marriage with No Minor Children, Form FL-101
• A Coversheet for Petition for Dissolution of Marriage with No Minor Children, Form FL-102
• A Confidential Information Form, FL-103 which includes Social Security numbers and other confidential information and must be filled on individually be each spouse
• Original Notice of Personal Service, Form FL-104, which will be given to the non-Petitioner (the Respondent)
• An Acceptance of Service of Original Notice, Form FL-105, given in by the Respondent to answer Form FL-104
• Directions for Service of Original Notice, Form FL-106
Notice that the above forms are only for an uncontested divorce in Iowa in which no minor children have resulted or will result. Different versions of the same forms are needed if minor children are involved.
After the Respondent receives the Original Notice of Personal Service, Form FL-104, both parties will need to do some intermediate filing. These include the following forms:
• A Motion, Form FL-122, asking the court to set a hearing date for the Divorce Decree
• A Financial Affidavit, Form FL-124, in which both parties must record their financial information for settlement purposes
• Request for Relief (Final Decree) in Dissolution of Marriage with No Children, Form FL-127, which will give you a default divorce at a hearing without a trial
• Settlement Agreement for Dissolution of Marriage with No Children, Form FL-128, which lays out the agreed-upon divorce terms and which the Judge will sign into law.