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A ?motion to quash? is a request to the court to end enforcement of a court order or declare the order invalid. Sometimes parties desire to quash an injunction, subpoena, guilty plea, garnishment, or order for mandatory income withholding that has been filed against the person.
An uncontested divorce is often the fastest, and cheapest, way to get a divorce in Iowa, and in most other states in the US.
Before you file a divorce with children or respond to a petition for divorce, review the appropriate Guide for Representing Yourself in an Iowa Divorce: with children (PDF) or with no children (PDF). You will need to electronically file a Petition for Dissolution of Marriage and pay the $265 filing fee.
In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.
There is a one-year residency requirement for filing for divorce in Iowa. This means that either you or your former partner must have been a resident of Iowa for at least one year. You will file for your dissolution of marriage in the county where the eligible resident lives.
This 90-day waiting period applies even if you and your spouse are seeking a no-contest divorce in Iowa and have agreed on all terms. In very limited circumstances (such as emergencies) a judge may waive the 90-day period and grant your divorce sooner.
The Iowa Judicial Branch provides fillable and savable court forms and also interactive interviews to assist unrepresented persons in filing and completing a divorce, also known as a dissolution of marriage, without an attorney.
If you live near your spouse, the advantages to filing first simply are the advantages of initiating the divorce proceeding, kicking the process off, and bringing about an end to this difficult period in your life.