Uncontested vs. Contested Divorce in Iowa: Simplified Procedures and Mandatory Steps
In Iowa an uncontested and a contested divorce share the one-year residence rule and the 90-day wait. The clock starts at service or at a filed acceptance, and the court can shorten it only for emergency or necessity.
What is the same in an uncontested and a contested Iowa divorce?
The year of residence (with its exception) and the 90 days (Iowa Code 598.19). The Iowa divorce timeline calculator gives the same earliest decree date for both once the service or acceptance date is the same.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Waiting period | 90 days from service, or from a filed waiver or acceptance | 90 days from service or the last day of publication |
| Conciliation | Only if the court orders it | Court-ordered conciliation, if any, must be completed first |
| Temporary orders | Possible | Temporary support and other orders on application |
| Custody | Joint custody if the parents agree; the court enters an order | Court decides, with mediation possible |
| Property | Settlement agreement | Equitable division of all property except inherited property and gifts |
When do the 90 days start in Iowa?
From the day the original notice is served, or from the last day of publication of notice, or from the date a waiver or acceptance of original notice is filed, whichever period is longer, and not until any court-ordered conciliation is completed (598.19). A spouse who signs an acceptance early starts the clock early.
Can the court enter a decree sooner in Iowa?
In its discretion, on a written motion supported by an affidavit setting forth grounds of emergency or necessity and facts that satisfy the court that immediate action is required to protect the substantive rights or interests of a party or person affected, the court may hold a hearing and grant a decree before the period ends, provided the notice requirements are met; the grounds are recited in the decree (598.19).
What can the court order while the case is pending in Iowa?
The court may make temporary orders after considering the age of the applicant, the physical and pecuniary condition of the parties and other pertinent matters, on affidavits; changes need a substantial change in circumstances, and temporary support can be retroactively modified only from three months after notice of hearing (598.11).
Is custody mediation used in Iowa?
When one parent asks for joint custody and the other disagrees, the court may require the parties to participate in custody mediation before ruling, unless domestic abuse is found or direct physical or significant emotional harm is likely (598.41(2)(d)).
What if the other spouse does not respond in Iowa?
The court may enter an order finding the respondent in default and waiving any court-ordered conciliation when the respondent has failed to file an appearance within the time in the original notice (598.19), but the 90 days still run from service.
What changes in a contested Iowa divorce?
The court decides what the spouses cannot settle: property under 598.21, spousal support under 598.21A and custody on the child’s best interests. A property division cannot be modified later (598.21(7)). See the Iowa property division calculator and the Iowa parenting time calculator.
Frequently asked questions
Does an uncontested divorce skip the Iowa 90 days?
No. The 90 days apply unless the court finds emergency or necessity on a written motion.
When does the Iowa 90-day clock start?
From service of the original notice, the last day of publication or the filing of a waiver or acceptance, whichever is longer.
Can an Iowa court order support while the divorce is pending?
Yes, temporary orders, which can be changed on a substantial change in circumstances.
Is an Iowa property division final?
Yes. Property divisions are not subject to modification.
Does Iowa use mediation for custody?
The court may require custody mediation when one parent asks for joint custody and the other does not agree.
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 598.11: temporary orders
- 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.