Iowa Uncontested Divorce Petition + Decree Filing Packet

IOWA UNCONTESTED DISSOLUTION OF MARRIAGE — PETITION + DECREE FILING PACKET

PACKET CONTENTS

1. Pre-Filing Eligibility & Residency Checklist
2. Petition for Dissolution of Marriage
3. Original Notice (Service)
4. Acceptance of Service / Appearance & Waiver
5. Confidential Information Form
6. Financial Affidavit
7. Child Support Guidelines Worksheet (if children)
8. Stipulation and Settlement Agreement
9. Affidavit in Support of Default / Uncontested Decree
10. Decree of Dissolution of Marriage
11. Filing & Finalization Procedure

1. PRE-FILING ELIGIBILITY & RESIDENCY CHECKLIST

☐ Under Iowa Code § 598.5(1)(k), Petitioner has resided in Iowa for the last year before filing after deducting all absences; OR Respondent is an Iowa resident who is personally served (the one-year allegation is excepted)

☐ File in the county where either party resides (Iowa Code § 598.2)

☐ Grounds: breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved (Iowa Code §§ 598.5, 598.17)

☐ Parties acknowledge the ninety (90) day waiting period from the applicable notice trigger under Iowa Code § 598.19. An early decree requires a written motion supported by affidavit showing emergency or necessity, a hearing, and required notice.

☐ If custody or visitation is at issue: the parties must complete a course currently approved by the judicial district within 45 days after service of notice and petition, unless participation is waived, delayed, or otherwise not required (Iowa Code § 598.15)

☐ Filing fee paid or Application to Defer Costs filed

☐ Confidential Information Form prepared (Iowa Ct. R. 16.601)

☐ All assets, debts, retirement accounts, and income disclosed via Financial Affidavit

2. PETITION FOR DISSOLUTION OF MARRIAGE

IN THE IOWA DISTRICT COURT FOR [____________________] COUNTY

Case No.: [____________________]

PETITION FOR DISSOLUTION OF MARRIAGE

COMES NOW the Petitioner, [____________________], pursuant to Iowa Code Chapter 598, and for cause of action against the Respondent, [____________________], states:

I. JURISDICTION AND VENUE

1. Petitioner resides at [ADDRESS, COUNTY, STATE]. [Petitioner has been a resident of Iowa for the last year before filing, after deducting all absences: specify counties, periods, and absences: ____________; that residence was maintained in good faith and not only to obtain a dissolution. / Respondent is an Iowa resident personally served: state residence and service facts: ____________.] Iowa Code § 598.5(1)(k).

Petitioner's attorney, if any — name and address: [________________]. ☐ Petitioner appears without an attorney.

2. Venue is proper in [______________] County because [PETITIONER / RESPONDENT] resides there. Iowa Code § 598.2.

3. Respondent's last known address is [____________________________________________]. County of residence, if known: [________________].

II. THE PARTIES

4. Petitioner's full legal name: [____________________________________________]

   • Date of birth: [__/__/____]
   • Last four of SSN: [____] (filed separately on Confidential Information Form)
   • Address: [____________________________________________]

5. Respondent's full legal name: [____________________________________________]

   • Date of birth: [__/__/____]
   • Last four of SSN: [____] (filed separately on Confidential Information Form)
   • Address: [____________________________________________]

III. MARRIAGE

6. The parties were lawfully married on [__/__/____] in [_______________________], [______________] County, [State].

7. The parties [☐ have / ☐ have not] been living separate and apart since [__/__/____].

IV. CHILDREN

8. ☐ There are no minor or dependent adult children of the marriage, and Petitioner is not pregnant.

☐ There are minor children of the marriage as follows:

Ages of minor children on filing date: [________________]. ☐ Petitioner is pregnant; estimated due date: [__/__/____]. ☐ No pregnancy known.

9. If child custody is at issue, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit is filed contemporaneously herewith (Iowa Code § 598B.209).

9A. Other dissolution or child-support action commenced or pending in Iowa or elsewhere: ☐ No ☐ Yes — court, case number, status: [________________]. Existing child-support order: ☐ None ☐ Court, case number, date, issuing state, and parties: [________________]. Entry of the requested order ☐ would ☐ would not violate 28 U.S.C. § 1738B; explain if needed: [________________].

9B. This Petition is filed in good faith for the purposes stated. Appointment of a conciliator under Iowa Code § 598.16 ☐ may ☐ may not preserve the marriage; facts: [________________].

V. GROUNDS FOR DISSOLUTION

10. There has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. Iowa Code §§ 598.5, 598.17.

VI. PROPERTY AND DEBTS

11. The parties have acquired marital property and debts that they have divided, or will divide, by Stipulation filed herewith pursuant to Iowa Code § 598.21.

VII. SPOUSAL SUPPORT

12. ☐ Neither party requests spousal support.
    ☐ Spousal support is addressed in the Stipulation filed herewith. Iowa Code § 598.21A.

VIII. NAME RESTORATION

13. ☐ Petitioner requests restoration of the prior name: [____________________________________________]. Iowa Code § 598.37.

IX. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays the Court enter a Decree of Dissolution of Marriage:

a. Dissolving the marriage of the parties;
b. Approving and incorporating the Stipulation of the parties;
c. Dividing the parties' property and debts equitably;
d. Awarding legal custody, physical care, and visitation as set forth in the Stipulation (if applicable);
e. Establishing child support per the Iowa Child Support Guidelines (if applicable);
f. Restoring Petitioner's prior name (if requested);
g. Granting such other and further relief as the Court deems just and equitable.
h. ☐ Awarding spousal support as requested in the Stipulation, if applicable;
i. ☐ Awarding attorney fees and suit money, if requested: [________________].

Dated: [__/__/____]

[____________________________________________]
[PETITIONER'S SIGNATURE]
[PETITIONER NAME, PRINTED]
[ADDRESS]
[PHONE / EMAIL]

VERIFICATION

I, [____________________], being first duly sworn upon oath, depose and state that I am the Petitioner in the above-captioned matter, that I have read the foregoing Petition, and that the statements contained therein are true and correct to the best of my knowledge and belief.

[____________________________________________]
[PETITIONER'S SIGNATURE]

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public in and for the State of Iowa
My commission expires: [__/__/____]

3. ORIGINAL NOTICE (Service)

TO: [RESPONDENT NAME], at [_____________________________________________]

You are notified that a Petition for Dissolution of Marriage has been filed in the office of the Clerk of this Court naming you as the Respondent. A copy of the Petition is attached.

You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter, file a motion or answer in the Iowa District Court for [______________] County, at the County Courthouse in [______________], Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition.

IMPORTANT: Iowa Code § 598.19 measures the waiting period from service, the last day of publication, or filing of a waiver or acceptance of original notice, as applicable. An early decree requires the court's findings on a written motion and affidavit showing emergency or necessity, after a hearing and required notice.

[Clerk of Court]
[Date]: [__/__/____]

4. ACCEPTANCE OF SERVICE / APPEARANCE AND WAIVER

I, [RESPONDENT NAME], hereby:

☐ Accept service of the Original Notice and Petition for Dissolution of Marriage on this date.

☐ Enter my voluntary appearance in this matter.

☐ Waive formal service of process under Iowa R. Civ. P. 1.305.

☐ Waive my right to file an answer and consent to entry of decree consistent with the Stipulation filed herein.

☐ Acknowledge that this Acceptance does not itself shorten the waiting period of Iowa Code § 598.19; an early decree requires the court's action under that section.

Dated: [__/__/____]

[____________________________________________]
[RESPONDENT'S SIGNATURE — NOTARIZED]

State of Iowa, County of [______________], ss.

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public

5. CONFIDENTIAL INFORMATION FORM

(Filed under seal pursuant to Iowa Ct. R. 16.601)

6. FINANCIAL AFFIDAVIT (Iowa Code § 598.13)

Affiant: ☐ Petitioner ☐ Respondent

Income (Monthly Gross)

Deductions (Monthly)

Assets

Debts

I certify under penalty of perjury that the foregoing is true and correct.

Dated: [__/__/____] [____________________________________________]

7. CHILD SUPPORT GUIDELINES WORKSHEET (if children)

☐ Iowa Child Support Guidelines Worksheet (Iowa Ct. R. 9.27) attached
☐ Both parents' annual gross income documented (pay stubs, tax returns)
☐ Health insurance premium allocation determined
☐ Childcare costs allocated
☐ Cash medical support per Iowa Ct. R. 9.12

Petitioner's Annual Gross Income: $[____________]
Respondent's Annual Gross Income: $[____________]
Number of children: [____]
Calculated guideline amount: $[____________] per month payable by [________] to [________]

8. STIPULATION AND SETTLEMENT AGREEMENT

This Stipulation is entered into by [PETITIONER] and [RESPONDENT] (the "Parties") and submitted to the Iowa District Court for approval and incorporation into the Decree of Dissolution of Marriage.

A. DISSOLUTION

The Parties agree there has been a breakdown of the marriage relationship as set forth in Iowa Code §§ 598.5 and 598.17, and stipulate to entry of a Decree of Dissolution.

B. CHILDREN (if applicable)

1. Legal Custody: ☐ Joint legal custody ☐ Sole to [________]
2. Physical Care: ☐ Joint physical care ☐ Sole physical care to [________]
3. Visitation/Parenting Time: [__________________________________________]
4. Child Support: $[__________] per month, payable on the [____] day of each month via Collection Services Center (Iowa Code § 252B).
5. Health Insurance: [________] shall maintain medical/dental insurance for the children.
6. Uncovered Medical: Allocated [____]% to Petitioner / [____]% to Respondent.
7. Tax Dependency Exemptions: [__________________________________________]
8. Parenting Education: The parties have completed or will timely complete a course currently approved by the judicial district, unless the court waives or delays participation or determines that it is otherwise not required. Iowa Code § 598.15.

C. PROPERTY DIVISION (Iowa Code § 598.21)

To Petitioner:

• [____________________________________________________________]

To Respondent:

• [____________________________________________________________]

D. DEBT ALLOCATION

Petitioner shall pay: [____________________________________________________]
Respondent shall pay: [____________________________________________________]

Each party shall indemnify and hold the other harmless from debts allocated to them.

E. SPOUSAL SUPPORT (Iowa Code § 598.21A)

☐ Both parties waive spousal support, now and forever.
☐ [________] shall pay $[________] per month for [______] months as rehabilitative / traditional / reimbursement alimony.

F. RETIREMENT ACCOUNTS

QDRO required: ☐ Yes ☐ No. If yes, [________] shall prepare and submit Qualified Domestic Relations Order within [____] days of decree.

G. NAME RESTORATION

☐ Petitioner's former name [____________________] is restored. Iowa Code § 598.37.

H. ATTORNEY'S FEES & COSTS

Each party bears their own attorney's fees and court costs unless otherwise stated.

I. EXECUTION AND ACKNOWLEDGMENT

Each party acknowledges they have read this Stipulation, fully understand its terms, have had opportunity to consult counsel, and enter into it voluntarily.

Dated: [__/__/____] [____________________________________________]
[PETITIONER]

Dated: [__/__/____] [____________________________________________]
[RESPONDENT]

(Notarized signatures required.)

9. AFFIDAVIT IN SUPPORT OF DEFAULT / UNCONTESTED DECREE

I, [PETITIONER NAME], being first duly sworn, depose and state:

1. I am the Petitioner in this matter.
2. The Petition was filed on [__/__/____]; Respondent was served / accepted service on [__/__/____].

3. The applicable waiting period under Iowa Code § 598.19 has expired after the relevant notice event and any court-ordered conciliation.
   ☐ OR: On written motion and affidavit showing emergency or necessity, after a hearing and required notice, the Court has found an early decree warranted under § 598.19 by Order dated [__/__/____].

4. The parties have executed a Stipulation resolving all issues; no further matters require trial.

5. All allegations in the Petition remain true and correct.
6. The parties (if applicable) have completed a court-approved parenting education course (Certificate Nos. [____________] and [____________]), or participation has been waived, delayed, or determined not required.

[____________________________________________]
[PETITIONER]

Subscribed and sworn this [____] day of [______________], [______].

[____________________________________________]
Notary Public

10. DECREE OF DISSOLUTION OF MARRIAGE

IN THE IOWA DISTRICT COURT FOR [______________] COUNTY

Case No.: [____________________]

DECREE OF DISSOLUTION OF MARRIAGE

This matter came before the Court on the Petition for Dissolution of Marriage filed [__/__/____] and the Stipulation of the Parties filed [__/__/____]. The Court, having reviewed the record, finds:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. The Court has jurisdiction over the subject matter and the parties.
2. The petition satisfies Iowa Code § 598.5(1)(k) because [PETITIONER'S ONE-YEAR IOWA RESIDENCE AFTER ABSENCES / RESPONDENT'S IOWA RESIDENCE AND PERSONAL SERVICE].
3. The statutory waiting period of Iowa Code § 598.19 has elapsed, or the Court has found grounds of emergency or necessity on a supported written motion and granted an early decree after hearing and required notice.
4. There has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. Iowa Code §§ 598.5, 598.17.
5. The Stipulation of the Parties is fair, equitable, and in the best interests of any minor children, and is incorporated herein by reference.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The marriage of the parties is hereby DISSOLVED.

B. The Stipulation filed [__/__/____] is approved and incorporated as if fully set forth herein.

C. Custody, physical care, parenting time, and child support are ordered as set forth in the Stipulation (if applicable).

D. Property and debts are divided as set forth in the Stipulation.

E. Spousal support: ☐ Waived ☐ Ordered as set forth in the Stipulation.

F. ☐ Petitioner's former name [____________________] is restored.

G. Court costs taxed to [____________].

Dated: [__/__/____]

[____________________________________________]
JUDGE, IOWA DISTRICT COURT
[______________] COUNTY

11. FILING AND FINALIZATION PROCEDURE

Sources and References

• Iowa Judicial Branch — Self-Represented Divorce Forms: https://www.iowacourts.gov/for-the-public/representing-yourself/divorce
• Iowa Code Chapter 598 (Dissolution of Marriage): https://www.legis.iowa.gov/docs/ico/chapter/598.pdf
• Iowa Court Rules Ch. 9 (Child Support Guidelines)
• Iowa Court Rules Ch. 17 (Mandatory Forms)
• Iowa State Bar Association — Divorce Resources: https://www.iowabar.org

DISCLAIMER: This packet is provided for informational purposes only and is not a substitute for advice from a licensed Iowa attorney. Section 598.19 permits an early decree only on its stated emergency or necessity findings and process. All financial disclosures must be complete and accurate; misrepresentation may void the Decree under Iowa R. Civ. P. 1.1012.