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Iowa Divorce Residency Requirements

In order to file your Petition for Dissolution of Marriage in Iowa, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Iowa residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

There is a 1 year residency requirement for all spouses filing in the state, unless the plaintiff in the case is not a resident, then he or she does not have a residency requirement in order to file for a dissolution of marriage.

The parties shall file for a dissolution of marriage in the county where either party resides. No decree dissolving a marriage shall be granted in any proceeding before ninety days shall have elapsed from the day the original notice is served. (Iowa Code - Sections 598.2, 598.6 and 598.19)

Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of Iowa. It is most common that people file for a dissolution of marriage in the county in which they live. You can also read more about the Iowa residency requirements in the Iowa state statutes located at: http://www2.legis.state.ia.us/. If you are unsure of whether or not you meet the Iowa residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.