If you want to terminate your marriage but your spouse objects, 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.
Can I Get a Divorce Without My Spouse’s Consent in IA?
Yes, you can be granted a divorce in Iowa with or without your spouse’s consent. Iowa is a no-fault divorce state, meaning that you do not have to prove that your partner’s actions or behavior led to the demise of the relationship. The only grounds for the dissolution of a marriage in Iowa is an irretrievable breakdown of the marriage, described in Iowa Code 598.5 as “a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
If you want to end your marriage but are concerned about your spouse’s objection, it is important to understand your options.
How Can I Get a Divorce Without My Spouse’s Consent?
You can get a divorce without your spouse’s consent in two main ways: no-fault divorce or divorce by publication. Simply by filing for a no-fault divorce, you can have your marriage dissolved without your partner’s signature. They cannot say no to the divorce once they are served with papers, only contest the terms that you have requested regarding property division, alimony, child custody, and other relevant topics.
Whether your spouse wants it to or not, the divorce will proceed. They have 20 calendar days from the date they are served to file a response. If they fail to respond, you can be issued a default divorce.
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. Through this process, you will ask a local newspaper to publish your notice of intent to get divorced once per week for three consecutive weeks. If your spouse does not respond to this notice within the three-week time frame, you can be granted a default divorce.
It is important to note that the final divorce decree cannot be granted until 90 days have passed from the day that your spouse was served with notice or the last day of the publication of notice. To learn more about the divorce process, reach out to a skillful family lawyer today.
