You must sign the Petition in the presence of notary public before it is filed (Filing fee is $185 for the Petition, and an additional $50 filing fee when the Decree is entered).

Service of Petition for Dissolution of Marriage

Your spouse will be served the Petition for Dissolution of Marriage by one of the following:

• Acceptance of  service signed in the presence of a Notary Public
• Personal service by a process server ($40 fee in Polk County )
• Notice of the action via publication (if spouse cannot be located)

 

The 90 day statutory waiting period begins upon the completion and filing of proof of one of these types of service or notice.

 

Temporary Hearing

There may be a need to set up temporary visitation, custody or support. The District Court may require mediation before a temporary hearing is granted. If no resolution is reached, affidavits are presented and a ruling is made to resolve issues until a Decree is entered.

Mandatory Forms

There are certain forms that must be completed within 45 days of filing Notice of Service

• Financial Affidavit
• Iowa Supreme Court Child Support Guidelines Worksheet*
• Certificate of Completion of an approved Children in the Middle course*

 

Pre-Trial Conference

A pre-trial conference will be set approximately 90 days after filing of the Acceptance of Service. If your issues are resolved, you may enter a Decree after 90 days after acceptance of service. If the issues are not resolved, the court will set a trial date (in Polk County mediation must be completed before you will get a trial date).

 

Discovery

Each spouse has an opportunity to gather information before Trial.

 

Trial

The District Court will resolve any remaining issues.

 

 

*If the parties have a mutual child.