Divorces are never easy, but they can become even more complicated when your spouse is behind bars. You may find yourself questioning whether you can still get a divorce in Iowa under such circumstances. The good news is that you absolutely can. Let us walk you through the process.
Understanding the grounds for divorce in Iowa
It’s important to note that Iowa is a no-fault divorce state. This means that you do not need to provide evidence of wrongdoing or justify your reasons for seeking a divorce. The only requirement is that the marriage is irretrievably broken. This can be due to differences in personality or a breakdown in communication.
Initiating the divorce process
If your spouse is currently serving time in jail, you can still proceed with filing for divorce in Iowa just like any other individual. The process remains the same. Your first step is to file a Petition for Dissolution of Marriage with the district court in the county where either you or your spouse resides. Additionally, if you share children, you will also need to file a Child Custody and Support Petition.
Ensuring your spouse receives the divorce papers
Serving the divorce papers to your incarcerated spouse is the next crucial step. There are three methods you can choose from:
- Sending them by mail: You can send the papers to your spouse’s last known address and include a Request for Acknowledgment of Receipt form. If your spouse signs and returns the form, it confirms that they have received the papers.
- Using personal service: Another option is to hire a process server or sheriff to personally deliver the divorce papers to your spouse in jail.
- Resorting to publication: In cases where you cannot locate your spouse or they refuse to sign for the papers, you can publish a notice of the divorce in a local newspaper.
Your spouse’s response to the divorce petition
Despite being incarcerated, your spouse still has the right to respond to the divorce petition. They can do this by submitting a written response to the court. However, if they fail to respond within 20 days, the court may enter a default judgment against them.
Resolving property and custody matters
After your spouse has been served with the divorce papers, it is important to address property division, spousal support, and child custody (if applicable). Although this process may be more challenging due to your spouse’s incarceration, it is not impossible. You can either attempt to negotiate with your spouse directly or seek the guidance of a mediator to reach an agreement. Alternatively, if an agreement cannot be reached, the court will make the necessary decisions on these matters.
Moving forward
Deciding to divorce while your spouse is in jail presents its own set of unique challenges. Nevertheless, it is crucial to remember that with the right approach and the assistance of an experienced divorce lawyer, you can navigate this process and begin a fresh chapter in your life. Keep in mind that each divorce case is unique, so it is vital to take the time to understand your options and make the best decisions for your specific situation.