Understanding Marriage Annulment in Iowa

In Iowa, a marriage annulment is a court order that nullifies a marriage that was not valid or legal under state law. A person may seek to annul a marriage for reasons like bigamy, incest, and mental or physical incapacitation.

Divorce is not the same as the annulment of a marriage in Iowa. The former is the dissolution of a legally approved union. As such, Iowa marriage records are still valid even after a divorce. However, annulment renders the marriage record invalid. The court may choose to seal the record after annulment. These forms of marriage dissolution also differ based on their outcome. Individuals who have been divorced are unable to return to their original marital status prior to the marriage. However, a marriage annulment restores your single status.

Grounds for Annulment in Iowa

Iowa allows marriage annulment for certain reasons, such as the following:

• The marriage is prohibited under Iowa §598.29. Examples of legally invalid marriages include:
  • Marriages between blood relatives.
  • Marriages between minors between 16 and 17 unless the parents/guardian and court judge consented to the union.
  • Marriages between all minors under 16 years old, with or without the parents’ consent.
• Either party was physically unable to consummate the marriage.
• Either of the parties was still married to another at the time of the marriage event.

Eligibility Requirements for an Annulment in Iowa

In Iowa, you are typically eligible to file for annulment once you meet the statutory requirements, along with other conditions. For instance, the state requires you or your spouse to reside in a county for at least six months before filing for annulment at the local district court.

While there are no filing deadlines for annulment, it’s preferable to file an annulment as soon as you meet the legal requirements.

Note: There’s no automatic guarantee that the court will annul a marriage even if you meet the legal requirements. The court may consider all evidence, including responses from the other party, before granting the request.

How to Get a Marriage Annulled in Iowa

Iowa residents may get a marriage annulled by following these steps:

1. Determine if you are eligible for marriage annulment: Iowa Statute 598.30 outlines legal reasons for filing an annulment. Additional reasons also include bigamy or physical incapacitation at the time of the marriage event.
   If unsure about the eligibility requirement, you may contact the local district courthouse for more information.
2. Gather the necessary documents: The plaintiff is the party filing for divorce, while the other party is referred to as the respondent. With that being said, plaintiffs typically need to submit a petition for annulment along with other necessary files to provide more context to their petition. While there is no downloadable annulment petition form, you may create one that includes these details:
   • The parties’ legal names.
   • The plaintiff’s personal information, including birthdate and address.
   • Reasons for filing for annulment.
   • Attorney name and bar number (if you’re hiring an attorney for the process).
     You may contact the local district court clerk’s office to determine the required additional forms for the procedure.
3. File the document: The Iowa court system allows online and in-person filing for annulment petitions. You may use the Iowa Judicial Branch’s platform to file required documents online. Petitioners must first create an e-filing account before uploading relevant documents.
   In contrast, you must visit the local district court where your spouse resides to file the documents in person. For instance, the Johnson County district court, via the clerk’s office, accepts in-person filing of annulment forms at:
   Clerk of Court
   417 South Clinton Street
   Iowa City, IA 52240
   Phone: (319) 356-6060
   Fax: (319) 356-6032
   Email: countyclerk.johnson@iowacourts.gov
4. Make copies of the documents and submit the original to the court clerk: Notify the clerk that you are filing a petition for divorce. The clerk will time-stamp the document to show when they received the document.
5. Pay the filing fee: Petitioners are generally required to pay a filing fee when submitting an annulment request. There is no state-specific filing fee for annulment petitions. So, you may contact your local district court for more information about required fees.
   Note that the Iowa Judicial Branch charges a $265 filing fee for marriage dissolution, which may also apply to annulment petitions.
6. Serve the papers: You must serve copies of the filed document to the other party within 90 days of submitting the petition. The court may dismiss the case after the deadline elapses. To serve the papers, you may use third-party personnel like the court bailiff and officers in the local sheriff’s office. Here are some of the required documents to serve the other party:
   • Original Notice (form 104).
   • Copy of the Petition.
   • Protected Information Disclosure (form 111).
   • Copies of other documents that you filed with the court clerk’s office.

The court may conduct a hearing if the other party does not agree to the annulment. If there are no objections, the court judge may only review the evidence and grant the decree without a court hearing.

Required Forms and Documentation for an Annulment in Iowa

To file for annulment in Iowa, plaintiffs or petitioners are legally required to provide these documents:

• Petition for dissolution of marriage (with children)
• Petition for dissolution of marriage (without children)
• Original Notice for Personal Service.
• Protected Information Disclosure

The Iowa Judicial Branch maintains a repository of required files for annulment petitions. Besides the required forms, you may provide additional files or certificates to support the petition. Note that additional documents may vary based on the petitioner’s unique circumstances. Petitioners may provide a birth certificate to annul a marriage if either of the parties was underage at the time of marriage.

Where to File for an Annulment in Iowa

Iowa’s local district courts handle all annulment-related filings and case proceedings. You may file for marriage annulment at the local district court in the county where one of the couple resides. The clerk of the county may accept filings for marriage annulment.

Alternatively, you may file required documents online via the Iowa Judicial website’s e-filing system. Petitioners are required to create an e-filing account to use this option.

Annulment Timelines and Waiting Periods in Iowa

There is no deadline or timeline for filing a marriage annulment in Iowa. Petitioners may file for annulment as soon as they have sufficient legal grounds to do so. There are instances when petitioners may lose their right to annul if they wait too long to file an annulment. For example, persons who were underage at the time of marriage may file for annulment before or shortly after attaining the legal age.

In Iowa, annulment case proceedings do not have a specific timeframe. Such cases are generally fast when both parties consent to the annulment, and there are no children in the union. However, cases may be delayed as a result of missing paperwork, court backlogs, and issues with spousal support.

Costs and Court Fees for an Annulment in Iowa

There are no state-specific fees required for filing a marriage annulment in the state of Iowa. The state generally charges a $275 filing fee for marriage dissolution cases, and this fee may also apply to annulment cases. Better still, contact your local district court or court clerk’s office to determine the required filing fee.

Petitioners may also incur additional costs, including attorney fees and service fees. These options are often optional, as petitioners may choose to represent themselves instead of hiring an attorney. The Iowa court system also waives the filing fees upon requests from petitioners. Petitioners may be eligible to receive the fee after providing evidence of financial constraints.

After the Annulment: What Happens Next?

After annulment, a marriage is regarded as though it never legally existed. Both parties retain their single status and are legally free to remarry after an annulment. Note that Iowa does not seal records of annulment marriages. However, concerned parties may petition the court to seal the record. In Iowa, parties in an annulled marriage may be entitled to spousal support or other benefits commonly available to divorcees.