If you want to terminate your marriage but your spouse objects and subsequently refuses to sign the divorce papers, you may be concerned that you will run into legal trouble. Rest assured that you can get a divorce even without your spouse’s consent in Iowa based on no-fault divorce laws. To learn more about your legal rights and options during this time, consult with an experienced Dallas County divorce lawyer at Iowa Defenders, PLLC today.

Is Iowa a No-Fault Divorce State?

Iowa is a strict no-fault divorce state, meaning that the only legally recognized grounds on which you can file for divorce are an “irretrievable breakdown” of the marriage. As such, you do not need to prove wrongdoing, adultery, or abandonment in order to be granted a divorce.

In accordance with Iowa Code §598.5, the court may grant a divorce in the event there has been a breakdown of the marriage, ultimately eliminating the potential for preservation of the marriage. Additionally, both spouses do not need to consent to the divorce or agree that the marriage is over. One spouse’s statement is deemed valid.

What an Irretrievable Breakdown Means Under Iowa Law

  • The marriage relationship has deteriorated to the point where reconciliation is no longer possible
  • The court does not require both spouses to be in agreement
  • One spouse’s statement that a marriage cannot be saved is typically enough to warrant the divorce
  • Fault-based arguments do not prevent the divorce, though they may impact the outcome of matters like alimony and child custody

Can My Spouse Prevent the Divorce by Refusing to Sign in Iowa?

A spouse’s refusal to sign the divorce papers will not prevent a divorce from occurring, though it can result in significant delays and increased tensions. Failure to sign papers does not give one spouse the power to prevent a divorce.

Why a Signature Is Not Required to Grant a Divorce

  • The signature of a spouse is only required for mutual agreements
  • Divorces are granted through judicial authority, not mutual consent
  • Once properly served, the case will proceed, regardless of a spouse’s cooperation
  • Judges in the District Court for Polk and Dallas Counties regularly handle and finalize cases where one spouse refuses to participate

What Happens If My Spouse Ignores the Divorce Papers?

In the event you file for and serve your spouse with divorce papers in Iowa, but they fail to respond, you may proceed by requesting a default judgment through the court. Generally, a spouse has 20 days from the date on which they are served to respond to a divorce petition in Iowa.

How Default Divorce Works in Iowa

  • The filing spouse must submit proof of proper service
  • The non-responsive spouse ultimately relinquishes their right to contest the terms of the divorce
  • The judge may schedule a hearing to review the requested terms
  • The judge can issue a final judgment addressing matters like alimony, child support, and child custody without input from the other party

What if I Cannot Locate My Spouse?

You may also need to get divorced without your spouse’s consent if you cannot find them. If you can’t locate your spouse, then it is impossible to serve them the required papers. This can be an issue for some couples who have been separated and have had no contact for a long time. If you cannot locate your spouse, you must request a divorce by publication with the court.

Steps for Divorce by Publication

  • Show reasonable efforts to locate your spouse
  • File a motion to request permission for divorce by publication
  • Publish notice of the divorce in an eligible newspaper once a week for three consecutive weeks
  • If no response is filed, request a default judgment

Limitations of Divorce by Publication

  • Property Division can be limited if the court does not have jurisdiction
  • Enforcement orders can be more complicated
  • Multiple hearings may be necessary

Is There a Waiting Period Before the Divorce Is Finalized in Iowa?

In Iowa, there is a 90-day mandatory waiting period before a divorce can be finalized, beginning from the date of service or the last date notice was published in a newspaper.

Why Is There a Waiting Period?

  • The 90-day waiting period allows for reflection and reconciliation
  • It may be waived in limited circumstances
  • Applies to uncontested and default divorces

Contact Our Dallas County Divorce Attorneys Today

If you are going through a divorce in Dallas County, Polk County, Des Moines, Clive, or anywhere in Central Iowa, and your spouse is less than cooperative, it’s imperative to have adequate legal representation on your side. At Iowa Defenders, PLLC, our firm understands how frustrating and complicated these matters can be, which is why we will do everything in our power to help you fight for the best possible outcome for your circumstances. Contact us today to learn how we can represent you.