Iowa Marital Settlement (Divorce) Agreement Form [PDF]

The Iowa marital settlement agreement form is a legal document that provides structure and guidance to married couples in the divorce process. This is a formal written agreement between parties outlining important details of their post-divorce lives. For example, who gets custody of children, who pays child support and alimony, or how assets will be divided.

This document is very practical as it speeds up the divorce process—the court doesn’t have to organize court hearings to discuss the matters that are already agreed upon in the marital settlement agreement.

Divorce Forms

Divorce forms in Iowa are filed with the district court in the county where the spouse resides, and the filing fee is usually around $250. The time needed to finalize divorce will vary, but usually, spouses wait at least 90 days.

Divorce Laws and Legal Requirements in Iowa

The divorce laws and legal requirements in Iowa establish a specific legal framework that regulates the divorce process. They must be followed to ensure fairness and clarity in the procedure.

How to File For a Divorce in Iowa in 6 Steps

To learn how to file for divorce in Iowa, spouses should follow these 6 easy steps, which will cover all key aspects of the divorce process.

#1. Fill out the Divorce Form

Filling out the divorce forms in Iowa is done electronically, and only if this service is not available in your county can you use a paper form. So, first, check with your local court on how to submit documents. After that, make sure to complete the appropriate divorce petition, as couples with children and couples without children must submit different forms.

Basic information about spouses, marriage, and children is needed to complete the petition. Here is the list of documents needed for filing the petition:

• Petition for dissolution of marriage without children or with children

• Original notice for personal service without children or with children (electronic filing only)

• Protected information disclosure without children or with children

• Petition cover sheet for dissolution of marriage with children (paper filing only)

• Confidential information form with children (paper filing only)

• Original notice for personal service with children (paper filing only)

For details about the process, consult the “Guide to Representing Yourself in an Iowa Divorce Case” without children or with children.

#2. File the Forms With the Court

The completed forms should be filed with the court electronically via the Electronic Document Management System. First, you need to register on EDMS by following the instructions provided. Paper forms are submitted in person at the office of the local court clerk.

After submitting the documents, a filing fee must be paid, which ranges from $180 to $300, depending on the county. If the petitioner is unable to pay the fees, they must fill out and submit an “Application and affidavit to defer payment of costs” without children or with children requesting a waiver of fees.

#3. Serve the Forms to the Spouse

Once the documents are ready, the petitioner must serve the forms to the spouse. The deadline for delivering copies of the divorce papers to the respondent is 90 days, and if unsuccessful, the case is dismissed.

Forms can be delivered in various ways, such as through personal delivery, mail, a civil process server, or the sheriff’s office. It is important to remember that the court requires proof of delivery. Respondent should complete and submit an “Acceptance of service” without children or with children.

For third-party delivery, the said third party must fill out an “affidavit of service” without children or with children, and if the sheriff served papers, then the “Directions for service of original notice” form without children or with children should be completed.

#4. Wait for the Defendant's Answer

Now, the petitioner has to wait for the defendant’s answer, which has to be filed with the court within 20 days of being served the divorce complaint. To present his answer to the court, the defendant must complete an “Answer to petition for dissolution of marriage.”

The easiest way to end the marriage is for the defendant to agree to the terms of the divorce petition and enter the uncontested divorce process. However, if they do not agree on everything, then a contested divorce process starts, which is longer and more complex.

#5. Create a Marital Settlement Agreement

To create a marital settlement agreement, spouses should address all matters related to divorce and record them in writing. They have the option to do this by themselves by using a marital settlement agreement template and customizing it to meet their needs.

Another option is to hire a divorce attorney, who will draft an agreement for them. Spouses should also present their financial disclosure with “financial affidavits” without children or with children and a parenting plan if they have children.

#6. Finalize Divorce

To finalize the divorce, spouses need to gather and file all necessary documents with the court. Then, they need to schedule a meeting with the judge, who will review the documents and, if everything is in order, issue a decree of dissolution of marriage.

If spouses file the documents electronically, they will get an e-mail with a divorce decree ready for download; otherwise, they will get it by regular mail. With the decree, they can officially change their name if they request it in the petition.