Iowa Divorce Steps

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Summary of Iowa Divorce Steps

• The Petitioner can procure a petition for dissolution of marriage from a court clerk in this state
• After completing this document, the Petitioner should file this petition in the county wherein both the divorcing partners last resided with each other or any county in this state
• While filing the petition, the court clerk will indicate the appropriate filing fee that must be paid. Sometimes the Petitioner cannot afford this fee. In order to get a postponement for disbursing of this fee, the Petitioner must file Form FL-109
• The next divorce step is the service of the Petition to the Respondent
• The Respondent is allocated 20 days to file an Answer
• From the date of service of the Petition to the Respondent, a period of 90 days must elapse, only after which, the divorce can be finalized

Iowa Divorce Steps discussed randomly

Counseling

Any divorcing partner may request the court to issue orders that the both the partners must attend counseling. The intention of the partner making the request is to preserve the marriage. This request is done briefly after the Petition has been filed and prior to the trial.

Trial

In Iowa, a Judge and not a Jury oversees a Trial. Usually, the Petitioner initially presents his or her evidence. Then, the Respondent tests this evidence by bombarding questions. This divorce step is called as "cross examination." Next, the Respondent presents the proofs and the Petitioner cross examines those. Also, if there are any other witnesses, they might offer testimony.

Trial Setting Conference

In this state, every judicial district creates its own rules pertaining to setting a case for trial. Usually, the court administrator talks with the lawyers of the divorcing parties or the non-represented parties. This group of people decides a date for trial.

Discovery

Discovery means a process during which a divorcing partner collects information relevant to the divorce case from the other divorcing partner or / and from third parties. This process is arranged after the Petition has been filed and prior to the final trial date. The various steps taken are as follows.

• Formal examination or inspection of a site
• Court ordered home studies
• Depositions (recorded sworn testimony)
• Request for production of documents
• Interrogatories (Formal Questions answered under oath)
• Court ordered disclosure of certain information

Temporary Orders

While a divorce case is pending, temporary orders regarding some topics can be enforced. When the final order is issued by the court, the temporary orders are no longer enforceable. Some of the topics decided by temporary orders are as follows.

• Award of attorney fees
• Spousal support
• Responsibility of physical care of children
• Child support

Mediation

The divorcing parties are inspired to undergo mediation. This may happen at any moment during the divorce proceeding. However, the judge possesses the power to waive such a requirement.

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