How are Divorce Records Generated in Iowa?

Iowa divorce records provide evidence and proof of the dissolution or termination of a marriage. In Iowa, divorce means the termination of a marriage between two parties. In 2018, the state recorded 7.1 divorces per 1000 women aged 15 and above.

According to Iowa Code - Sections 598.5 and 598.17, Iowa allows for only a no-fault divorce filing. Courts generally grant married couples a divorce if one of the parties proves any of the following:

• Complete and absolute breakdown of the marriage, such that it can no longer be repaired
• Irreconcilable differences
• Separation spanning a considerable length of time

The hallmark factor in a no-fault divorce is that no party is blamed for the divorce. Hence, no party is required to provide a burden of proof that the other party caused the marriage to break down.

Depending on how the couples resolve to handle further issues about the divorce, a no-fault divorce may be classified under:

• Uncontested divorce
• Contested divorce

Uncontested divorce occurs when the deciding parties agree on the divorce's terms and on all related issues. This option is cheaper and results in less time spent in court.

Some common issues that need to be settled by both spouses include debt allocation, child custody, visiting time, child support, and alimony (spousal support). If both parties agree on and decide on all of these, the court finalizes the divorce in about two to three months.

This time frame may be extended depending on other factors, such as the availability of judges or the court caseload. If, on the other hand, resolutions are not reached, then the court will schedule a trial for a contested divorce.

A contested divorce occurs when there are disagreements on ancillary issues, couples do not agree on the need to get a divorce, or both parties cannot seem to resolve the divorce terms.

When this happens, the court will declare a trial date for such persons to finalize the divorce. This divorce may take several months to a year to finally resolve.

For every divorce, whether contested or uncontested, Iowa Code § 598.19 mandates a 90-day waiting period from the day the divorce petition is served. This waiting period is expected to give the couples time to discuss their intended actions and, if possible, work out their differences.

However, the court may waive the waiting period if the petitioner provides a sufficient reason.

Iowa divorce records are maintained at the county and state levels. They may be obtained in the county district court where the divorce occurred or from the State Vital Records Office.

Are Divorce Records Public in Iowa

Iowa divorce records are public records, meaning residents can view and obtain copies of them. This is also in accordance with the Iowa Open Records Law, which allows residents the right to examine and obtain copies of records deemed public records.

The District Court in the county where the divorce was finalized serves as a repository for all state divorce records (both contested and uncontested). Persons seeking to use such documents may access them online.

What are the types of Divorce Records available in Iowa?

There are two types of divorce records available in Iowa, which are:

• Decree of dissolution of marriage
• Divorce case files

The decree of dissolution of marriage is a document that indicates that a divorce occurred between two persons. It contains the final judgment of a divorce. It includes every basic information about the divorce, such as the names of the divorced couple, the place, and the time when the divorce was finalized. It also includes other ancillary terms captured during the divorce proceeding.

The divorce case contains details of the entire divorce process. It also documents every piece of information contained in the divorce certificate and dissolution decree.

How Do I Get Divorce Records in Iowa?

Iowa’s divorce case file and decree of dissolution of marriage are issued by the Clerk of the District Court in the county where the divorce took place. You can request and obtain such records by contacting the Clerk of Court in person or by phone.

The Iowa Courts website contains a list of Clerks of District Court for the different counties in the state. Look it up to get the contact address of the Clerk of the District Court where the divorce under consideration was finalized. The Clerk of Court charges a fee for issuing these records, but it varies from county to county.

Also, the Iowa Court Online Search system allows members of the public to conduct a case search for all cases from the different Trial (District) Courts across the state. Applicants are required to provide the following information, among others, when requesting divorce records in Iowa:

• The full name of the parties listed in the record
• The date of the divorce
• The case number on the record
• The place of the divorce

While divorce and marriage records may be searched through government sources and organizations, their availability cannot be guaranteed. The same is true of their availability through third-party websites and companies, as these entities are not government-sponsored; therefore, record availability may vary further.

Also note that marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Hence, these factors determine the availability of any type of marriage or divorce record.

Who Can Obtain Divorce Records in Iowa?

Iowa divorce records are public records. As such, records may be accessed by members of the public with sufficient information to search for the record.

Are Iowa Divorce Records available online?

The state has a central repository for searching for all cases from county Trial (District) Courts, including divorce cases. The repository is available on the Iowa Court Online Search website. It has three different search options for searching the trial court: case search, payment search, and advanced search. Case search involves searching by name, case number, or citation number.

Payment search is an option when you need to make payments online. It’s typically for paying fines and doesn’t concern the divorce case search. On the other hand, the advanced search will require the requester to create an account first on the website.

How Do I Seal My Divorce Records in Iowa?

Since divorce records are declared public in Iowa, having them sealed is not very common. A sealed divorce record restricts public access to it. Courts may order sealing all or certain parts of the divorce record, depending on what they deem necessary.

Although the parties to a divorce are responsible for requesting a divorce sealing, the judge decides whether or not to grant such a motion.

The court will grant such a motion if it considers that the damage to the person asking for privacy from public scrutiny outweighs the presumption that public records should be accessible to the general public.

After the court has sealed a divorce record, such a record may only be accessible to the party to the action or the party’s attorney except upon order from the court for a good and sufficient cause.

Common reasons that could necessitate the court granting a sealing request are:

• The need to guard children against being identified in divorce records
• The need to guard proprietary business information
• The need to keep sensitive information, such as bank account numbers, private