A Mutual Decision for a Fresh Start

By Dawnelle Schlagel

Given the large percentage of married couples that divorce, it is likely you have heard of a few divorce horror stories. Fear not, if you or a loved one are considering getting a divorce, depending on the circumstances, an uncontested divorce can provide a quicker, less stressful, and less expensive alternative to a traditional divorce. An uncontested divorce in Iowa occurs when both parties agree on all aspects of their divorce, including division of property, division of debts, spousal support, child custody, and child support. When coming to an agreement, it is often beneficial to retain a family law mediator for guidance. A family law mediator is a neutral third party who can offer direction in finding an equitable resolution.

To file for an uncontested divorce in Iowa, one spouse must meet the state’s residency requirement, mandating that at least one spouse has lived in the state for a minimum of 90 days prior to filing. In cases where minor children are involved, parents must agree on custody and child support arrangements. Iowa law also requires that both spouses agree the marriage is irretrievably broken. It is important to note that Iowa law requires a 90-day waiting period from the time the petition is filed until the divorce can be finalized. However, it is possible to waive the 90-day waiting period if good cause exists.

The main advantages of an uncontested divorce are speed and cost savings. Eliminating the need for lengthy court hearings and contentious disputes, an uncontested divorce can be finalized quicker than a traditional divorce. Additionally, the fees associated with filing and attorney representation are typically much lower, making it a more affordable option for many couples.

Although uncontested divorces are simpler than traditional divorces, finding an attorney to help with the filing process can ease the burden on both parties. Due to conflict of interest rules, an attorney can only represent one of the spouses. However, an attorney can enter a “limited appearance” which allows an attorney to assist the non-represented spouse with the filing process. It should be noted that the attorney does not owe the non-represented spouse a legal duty as the attorney does for the represented spouse.

If you find yourself in need of legal representation for a divorce, uncontested or otherwise, retaining a quality family law attorney will be money well spent.