Grounds for Divorce in Iowa: No-Fault, Fault and Separation Requirements
Iowa has one ground for divorce: a breakdown of the marriage relationship with no reasonable likelihood the marriage can be preserved. No separation is required, and fault is not a property or support factor. A spouse who disagrees can still present evidence at trial.
What is the ground for divorce in Iowa?
One: 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 598.17(1)).
| Ground | Section | What the statute says |
|---|---|---|
| Breakdown of the marriage relationship | 598.17(1) | To the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved |
Is Iowa a no-fault state?
Yes. The statute lists no fault ground. The decree states that the dissolution is granted to the parties and not to only one of them (598.17(1)).
Is there a separation requirement in Iowa?
No. The only fixed times are the year of residence, with its exception, and the 90 days after service. Use the Iowa divorce timeline calculator to see the dates.
Can the other spouse defend in Iowa?
If the petitioner fails to present satisfactory evidence of the breakdown at trial, the respondent may proceed to present such evidence as though the respondent had filed the original petition (598.17(2)). The court decides whether there is a reasonable likelihood the marriage can be preserved.
Does fault matter to property and support in Iowa?
The property factors and the spousal support criteria do not list fault: property is divided equitably after considering the length of the marriage, contributions, ages and health, earning capacity, economic circumstances and similar factors (598.21(5)), and support after the factors in 598.21A(1). See the Iowa property division calculator and the Iowa alimony calculator.
Can a decree be granted to only one spouse in Iowa?
No. The decree states that the dissolution is granted to the parties and not to only one party (598.17(1)), which reflects that no one has to be shown at fault.
What does the court need to find in Iowa?
That 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, from the evidence presented (598.17(1)); the petition must also allege that it was filed in good faith and whether a conciliator may preserve the marriage (598.5(1)(f)-(j)).
Is a conciliator involved in Iowa?
The petition must state whether the appointment of a conciliator may preserve the marriage (598.5(1)(j)), and a decree waits for any court-ordered conciliation to be completed (598.19), so conciliation can lengthen the timeline even though no separation is required.
Does fault matter to the children in Iowa?
A history of domestic abuse is one of the custody factors, and a finding of such a history creates a rebuttable presumption against joint custody (598.41(1)(b), (3)(j)). See the Iowa parenting time calculator.
What if a spouse has a mental illness in Iowa?
A dissolution granted when one spouse has a mental illness does not relieve the other spouse of the legal obligation to support that spouse, though the court may waive it when it would create undue hardship on the obliged spouse or that spouse’s other dependents (598.17(3)).
Frequently asked questions
What is the ground for divorce in Iowa?
A breakdown of the marriage relationship with no reasonable likelihood that the marriage can be preserved.
Is Iowa a no-fault divorce state?
Yes. No fault ground exists.
Is a separation period required for an Iowa divorce?
No separation period is required.
Does adultery matter in an Iowa divorce?
It is not a ground, and the property and spousal support factors do not list fault.
Can my spouse stop an Iowa divorce?
Only by persuading the court there is a reasonable likelihood the marriage can be preserved.
Official sources
- Iowa Code 598.5: contents of petition; residence
- Iowa Code 598.19: waiting period before decree
- Iowa Code 598.17: dissolution of marriage; evidence
- Iowa Code 598.9: residence; failure of proof
- Iowa Code 598.41: custody of children
- Iowa Code 598.21: orders for disposition of property
- Iowa Code 598.21A: orders for spousal support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Iowa statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Iowa attorney.