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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.
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.
You must electronically file this Appearance and Answer using EDMS at unless you obtain from the court an exemption from electronic filing requirements.
Iowa law requires a ninety-day waiting period, from the date the respondent is served dissolution of marriage papers, before the court may enter a final decree.
You serve your petition for divorce either personally, by mail or by publication. As you will see later in the article, personal service is the best and is recommended. A lot of people also ask if they are required to file an answer to a divorce petition in Iowa.
From a legal disposition standpoint, there is no serious impact to the case if you are a petitioner, that is the first filer, or a respondent, the spouse who was served divorce papers.
An uncontested divorce is usually a quicker divorce process because it means that you and your spouse have already resolved all divorce-related issues, like property division, allocation of debts, custody, parenting time (visitation), alimony, and child support.
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.