Iowa Divorce Records

Data published by the National Center for Health Statistics suggests that divorce rates in Iowa have consistently declined over the years. Per these statistics, the state currently has a divorce rate of approximately 1.9 divorces per 1,000 Iowans, one of the lowest recorded rates across the country (and significantly lower than the national average divorce rate of 2.4 divorces per 1,000 population).

Iowa is a no-fault divorce state. Under state law, divorces may be granted because a couple's marital relationship has broken down to the extent that "the legitimate objects of matrimony" have been destroyed and there is no reasonable chance of the marriage being preserved. As a no-fault state, the spouse seeking a divorce does not need to prove misconduct by the other party. However, they must still provide evidence showing that the marriage has irretrievably broken down.

Divorces in Iowa cost an average of $9,184 per person, less than the national average of $9,969. Overall costs are largely dependent on several factors, such as attorney fees, court-related costs, and the complexity of the case, particularly if issues like child custody or significant assets are being disputed.

Are Divorce Records Public in Iowa?

Divorce records in Iowa are considered public under the state's Public Records Law; as such, these records may typically be examined and/or copied by anyone. However, certain sensitive information in the record (or the divorce case file) may be exempt from public access and limited to specific requesters, such as the individuals named on the record, their attorneys, and other statutorily authorized individuals. Examples of divorce-related information that is restricted from public access include personal financial records, mediation communications, medical/mental health-related information, and child support arrangements. Sealed records are also deemed confidential and may only be accessed by authorized parties.

What Is Included in Iowa Divorce Records?

The term "divorce records" in Iowa generally encompasses various documents generated about divorce proceedings in the State. These records are maintained locally with the Clerk of Court in the county where the divorce proceedings were held (and finalized) and are grouped into two main categories:

• Decrees for Dissolution of Marriage: These are the final court orders issued during a divorce proceeding that legally end the marriage. These documents are often simply referred to as "divorce decrees", and they serve as official proof that the marriage has been dissolved. An Iowa divorce decree typically outlines key details about the divorce, such as the names of the parties involved, the divorce date and location, and terms of the settlement (child custody, visitation, support, and property division).
• Divorce Case Files: This refers to the collection of all documents created and/or filed in relation to a particular divorce proceeding, including the initial divorce complaint, response, petitions, motions, evidence, divorce decree, and any other records generated during the case.

How Do I Find Iowa Divorce Records?

Iowa divorce records may be accessed through the county clerk's office. Certified copies of these records are often required for various official purposes, such as:

• Updating identification documents
• Providing legal proof of divorce for remarriage or immigration
• Facilitating name changes and updating Social Security information
• Accessing certain benefits or claims
• Settling wills, trusts, and other estate-planning activities
• Modifying or enforcing child support, custody, or alimony orders

Look Up Iowa Divorce Certificate

The Iowa Department of Health and Human Services' Bureau of Health Statistics only issues birth, death, and marriage certificates - certificates of divorce (or any other types of divorce records) are not available at the state level. Instead, divorce records are created and maintained locally by the District Court in the county where the divorce was finalized and may be accessed through the Clerk of Court's office. 

Look Up Iowa Divorce Decree

Interested parties who wish to obtain copies of an Iowa divorce decree may do so by submitting an official request to the Clerk of Court in the county where the divorce was finalized. Most counties offer forms that may be used for this, and requests can typically be submitted via various methods, such as in person at the courthouse, by mail, or through dedicated online portals. You will usually have to provide details about the case to enable the court to locate the record, such as the case number of the names of the parties involved.

Iowa court records typically cost 50 cents per page, plus a $30 certification fee (if a certified copy of the divorce decree is required). Note that additional fees may apply. Note that specific request requirements/procedures and processing times may vary by court; as such, it is advisable to check with the Clerk of Court's office beforehand to ensure a smooth process.

Look Up Iowa Divorce Court Records

Iowa District Courts do not typically provide public access to complete divorce case files. Nonetheless, interested members of the public may obtain copies of certain records contained within the file, such as the divorce petition, court orders, motions, and the final divorce decree, by contacting the Clerk of Court in the county where the divorce proceedings were held. You will typically need to provide basic details like the names of divorced parties and the case number, and pay a stipulated fee (determined by the number of copies requested and if certified copies are required).

The Iowa Judicial Branch also offers an Electronic Docket Record Search tool that may be used to access public divorce court records online. However, it should be noted that certified copies of court records may not be obtainable via this tool.

Can You Seal Divorce Records in Iowa?

While divorce records are generally considered public records in Iowa, access to these records (or specific information contained within the record) may be restricted at the request of any of the parties involved in the divorce. Note that there must be a justifiable reason for the request, such as to protect the privacy or safety of the parties involved, prevent harm to children, or safeguard sensitive financial or proprietary business information.

Individuals who wish to get a divorce record sealed in Iowa must file a motion with the District Court that finalized that divorce. The motion should clearly explain the reasons for that request and include any relevant supporting documentation or evidence demonstrating "good cause". The court will review the motion and may schedule a hearing to consider the arguments for and against sealing the records before making its decision. Note that the court exercises complete discretion over whether to grant or deny a sealing request, and will typically balance the need for confidentiality (on the part of the requester) against the public's right to access the records. If the court grants the motion, it will issue an order specifying which records (or information) are to be sealed and under what conditions they may be accessed

How Long Does a Divorce Take in Iowa?

Iowa Code Section 598.19 sets a mandatory 90-day waiting period before courts may officially grant a divorce decree. This 90-day countdown starts from the date the original divorce notice is served, the last day of a published notice, a waiver or acceptance of the notice is filed, or court-ordered marriage counseling is completed, whichever is the longest. However, this waiting period can be waived by the court under special circumstances.

In addition to state-mandated waiting periods, the complexity of the divorce case also influences the total length of divorce proceedings in Iowa. In scenarios where both spouses agree on all issues (an uncontested divorce), proceedings can usually be completed relatively quickly after the 90-day waiting period. However, if the spouses disagree on significant issues (contested divorces), proceedings usually take considerably longer, potentially lasting several months to over a year or more.

Does Iowa Require Separation Before Divorce?

No, Iowa does not require a mandatory period of legal separation before a couple can file for divorce.

How Are Assets Split in an Iowa Divorce?

Iowa follows an equitable distribution approach when it comes to property division in divorce cases, meaning that assets are allocated fairly, rather than automatically split equally (50/50) between both parties. It should be noted that, under Iowa law, all property owned by either spouse, whether acquired before or after the marriage, is subject to division during a divorce; however, gifts and inheritances received at any time during the marriage are generally exempt. Courts generally consider various factors to determine a fair share of the property for each spouse, including:

• The duration of the marriage
• The property each spouse brought to the marriage
• Each spouse's contribution towards the marriage (both financial and non-financial)
• Each spouse's age and health (physical and emotional)
• Each spouse's contribution to the other's education, training, or increased earning capacity
• Each spouse's earning capacity
• Any existing prenuptial or postnuptial agreements

Who Gets Custody of a Child in Divorce in Iowa?

Historically, Iowa courts tended to follow the "tender years doctrine," a legal presumption that mothers were inherently better suited to care for young children, resulting in a bias against fathers during custody hearings. However, modern Iowa child custody laws explicitly prohibit custody decisions based on parental gender. Instead, child custody decisions are to be based on the best interest of the child, with the primary goal being to ensure the child's safety and well-being, while also ensuring that continuing contact is maintained with both parents (unless it is not in the child's best interest). When determining the child's best interest, the court typically considers various factors, including the parents' ability to cooperate and support the child's relationship with the other parent, the child's preferences, and any history of domestic abuse.

Iowa law recognizes two main types of child custody:

• Legal Custody: This grants a parent the authority and responsibility to make important decisions regarding a minor child's legal status, healthcare, education, extracurricular activities, and religious upbringing. Courts generally favor joint legal custody, allowing both parents to share equal decision-making responsibilities for their child; however, sole custody may be granted to one parent in some cases.
• Physical Care: This refers to the parents' right and duty to provide a home and handle the day-to-day care of the child. Physical care may also be solely awarded to one parent or jointly awarded to both parents, allowing them to share parenting time and provide homes and routine care for the child.

Iowa courts generally encourage frequent and continuing contact between both parents and their children. However, surveys indicate that fathers typically receive less parenting time than mothers - per recent data, Iowa fathers are awarded approximately 28.3% parenting time, less than the national average of 35%.