What Is an Uncontested Divorce in Iowa?

An uncontested divorce can be had in Iowa only when both spouses come to a mutual agreement on all significant matters concerning their marriage dissolution.

This includes issues such as:

• Child custody arrangements
• Division of marital assets
• Alimony (or spousal support)
• Child support.

The primary advantages of an uncontested divorce are that it often results in a more efficient and less expensive process compared to contested divorces, where disagreements can prolong the process. In Iowa, couples pursuing an uncontested divorce can typically file their paperwork with the court and then only wait for the required 90 days before the courts finalize their divorce.

Can We Use the Same Attorney for an Uncontested Divorce?

While it is possible for both spouses to have the same attorney draft the documents for an uncontested divorce, the attorney can only represent one party. This means that their allegiance lies with the spouse they are representing, which can lead to potential conflicts of interest, particularly concerning financial agreements or child custody arrangements.

Therefore, it is highly recommended that both parties seek dedicated legal counsel.

Do We Have to Go to Court for an Uncontested Divorce?

In many cases, couples pursuing an uncontested divorce in Iowa may not need to appear in court, provided that all necessary documents are accurately filed and both parties are in agreement regarding the terms of the divorce. However, some judges may require a brief hearing to confirm the details or officially finalize the divorce.

Some tips to keep in mind if you end up having to attend a hearing:

• Wear professional attire that reflects respect for the court.
• Arrive on time; being late can disrupt proceedings and may reflect poorly on you.
• Address the judge as "Your Honor," and refrain from interrupting others during the hearing.
• Pay attention to the court's instructions and speak only when prompted.

How Much Does an Uncontested Divorce Cost in Iowa?

The cost of an uncontested divorce in Iowa can vary based on several factors. Still, it is generally more affordable than a contested divorce due to its streamlined nature and mutual agreement between parties. Main expenses include filing fees and attorney's fees. There may also be additional costs, such as fees for obtaining required documents, mediation services (if needed), and possible court fees associated with specific requests or modifications.

Overall, when handled properly, an uncontested divorce can significantly reduce the financial burden associated with ending a marriage, making it a viable option for many couples in Iowa.

Is an Uncontested Divorce Right for You?

Determining whether an uncontested divorce suits your situation involves evaluating several factors affecting your ability to reach mutual agreements with your spouse. An uncontested divorce can be a good fit if both parties are committed to resolving issues amicably and efficiently.

Consider the following to help assess your situation:

• Both spouses agree on key issues, such as child custody, asset division, and support payments.
• There are minimal assets or debts to divide, simplifying the negotiation process.
• You and your spouse can communicate openly and honestly, fostering a cooperative environment.
• You are willing to compromise and find solutions that work for both parties.
• There is no history of domestic violence or significant conflicts that could hinder negotiations.

If you are considering divorce and want to know more about the uncontested vs. contested divorce process, The Law Office of Mark R Hinshaw is here to help. Contact us online to schedule a consultation with our team.