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Legal Information: Iowa

Divorce

Laws current as of August 5, 2024

What are the residency requirements to file for divorce in Iowa?

The residency requirements explain how long each spouse must live in Iowa before a divorce can be filed.

If your spouse (the respondent) lives in Iowa, you (the petitioner) can file for divorce in Iowa even if you have never lived in Iowa. However, you will need to have him/her served by “personal service.”1 Please talk to a lawyer to understand exactly what this means.

If your spouse (the respondent) does not live in Iowa, you must be a resident of Iowa for at least one year before you can file for divorce.1 In order to be considered a “resident of Iowa,” you must have a fixed, permanent home in Iowa and have no intention of leaving Iowa.2

If both you and your spouse live in Iowa, the petition can be filed in the district court in the county where either you or your spouse lives.3

1 See Iowa Code § 598.5(1)(k)
2 See, for example, In re Marriage of Kimura, 471 N.W.2d 869 (1991)
3 Iowa Code § 598.2

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