The Reason for Filing for Divorce
When choosing to get a divorce in Iowa, one of the additional decisions you must make is on what basis you are deciding to end the marriage. This is known as the grounds for divorce. If you believe your partner is at fault for the dissolution of the relationship, however, that fault cannot be used as the basis for the decision. Here is what you should keep in mind when preparing to file.
Strictly a No-Fault State
Iowa is strictly a no-fault state; this means that one cannot file for divorce because of someone else’s actions. The only reason for a divorce in Iowa is the breakdown of the marriage with no possibility that the relationship can be salvaged. You gave marriage a try, but the relationship simply did not work.
Iowa’s no-fault status means that actions such as adultery, cruelty, and similar faults used in other states for divorce cannot be given as the reason for the divorce. While such actions may play into a relationship’s deterioration, they cannot be your reason for ending your marriage.
However, unlike most states, Iowa does require that evidence be shown to prove that the marriage relationship is over before a court can grant the request. Proof of a broken marriage can vary from the testimony of friends and family who are aware of or have been involved in the breakup to written documents like text messages that show a damaged relationship beyond repair. If you do not have this type of proof, you are able to provide your own testimony and argue your case.
The Importance of a Divorce Attorney
While it may seem like you can just file for divorce on a no-fault basis, it’s important to work with a divorce attorney early on in your case in order to best prepare evidence to prove your marriage is irreparably broken. Without these arguments, obtaining the divorce you seek can be more difficult. At Family Law Solutions of Iowa, we understand Iowa’s divorce laws and can work to help you file for divorce and work through each step of the process.
To schedule a consultation, call us at (515) 305-3474 or visit us online.