If you are considering filing for divorce in Iowa, understanding your legal rights and responsibilities is crucial. Couples are generally subjected to a mandatory waiting period before they can get a divorce, so it is important that you comprehend whether this regulation applies to you. Read on for more information and consult a Dallas County divorce lawyer for legal counsel.
Is There a Mandatory Waiting Period to Get a Divorce in IA?
Yes, Iowa is one of the many states that implements a mandatory waiting period before a couple can get a divorce. According to Iowa Code Section 598.19, “No decree dissolving a marriage shall be granted in any proceeding before ninety days shall have elapsed from the day the original notice is served, or from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed or until after any court-ordered conciliation is completed, whichever period shall be longer.”
When the filing spouse serves the respondent spouse the official complaint for divorce, 90 days must pass before the presiding judge is permitted to issue the decree and finalize the marriage’s termination.
What is the Purpose of a Waiting Period?
The 90-day waiting period is designed to provide couples with time to reconsider their decision and explore other options, like reconciliation. The period begins once the respondent has been served with the divorce papers. This gives both parties the opportunity to discuss the relationship, consider all options, gather information, and potentially reconcile.
Especially when a couple shares children under the age of 18, the state aims to encourage reconciliation or at least an attempt to sort out the spouses’ differences. It also serves additional purposes like ensuring both parties have adequate time to secure legal counsel and protect their rights, as well as allowing the spouses time to resolve issues without the court’s intervention.
Are There Exceptions to the Waiting Period?
While the waiting period is required for all divorces in Iowa, there are some exceptions to the rule. Iowa state law allows the 90-day waiting period to be waived under certain circumstances. Section 598.19 of the state’s code goes on to state that the court may grant a waiver at its discretion if a written motion supported by an affidavit demonstrates an emergency or necessity to forgo the delay.
If the documents provided prove that immediate action is required to protect one of the parties’ rights or interests, the court can hold a hearing and grant a decree dissolving the marriage before the 90 days have expired. This option only applies in serious or necessary circumstances, like domestic violence or imminent military deployment.
Courts are generally hesitant to waive the waiting period, so the judge will likely require substantial and compelling evidence to prove that immediate action is necessary.
