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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.
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.
1.906. Except in domestic relations proceedings, no later than 21 days after any defendant has answered or appeared, the clerk shall provide a notice of civil trial-setting conference to all parties not in default.
All motions for continuance in a case set for trial shall be signed by counsel, if any, and approved in writing by the party represented, unless such approval is waived by court order.
Flat Fees for Uncontested Divorce Couples without minor children it will be $1,000 plus filing fee of $265 for our uncontested divorce services.
Iowa has a 90-day waiting period (starting when the respondent is served with the divorce papers) before the the court may grant a final divorce. (Iowa Code § 598.19 (2022).) If your case is uncontested and you've met all the legal requirements, you can usually get your divorce judgment once waiting period has expired.
You must live in Iowa for one year before you can file a divorce. If your spouse lives in Iowa, you may be able to file now.
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.