Are Divorce Records Available to the Public in Iowa?
Under Iowa Code 598, divorce records are public records that can be freely accessed by any member of the public. However, all or parts of a divorce document may be sealed by a state statute or court rule. By definition, sealed divorce records are records deemed confidential by law. Iowa automatically restricts access to certain information in divorce records. These include child support agreements, financial account numbers, social security numbers, and identifying information on minors and domestic violence victims. Also, both parties in a divorce may opt to seal their divorce record. This can be done by petitioning a state-licensed judge with sufficient reasons.
Commonly cited reasons include the need to prevent the public from viewing embarrassing and revealing information as well as false allegations such as libel and slander bound to cause social or emotional harm to the petitioner. If convinced by the provided reasons, the judge then issues a court order mandating the record custodian to seal specific portions of the record. Once sealed or redacted, access to these records is limited to the divorcees, the attorneys representing them, members of law enforcement agencies, and persons with court orders.
How to Find a Divorce Record in Iowa
Divorce records in Iowa are official documents generated during and after divorce court proceedings finalized in Iowa Courts. There are three types of divorce documents in Iowa. These are divorce certificates, divorce decrees, and divorce case records. All three records serve different purposes and are usually required by various governmental and non-governmental institutions to prove divorces.
Divorce records are considered court records and can, therefore, be searched using online court resources or some third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding Iowa Divorce Certificates
An Iowa divorce certificate is a summary report showing that a divorce has been finalized. It typically contains the least details and is the most frequently requested form of divorce records. A divorce certificate provides basic information such as the names of the divorced parties, the date of divorce, and the court where the dissolution was finalized.
Divorce certificates are available as certified or uncertified/plain copies. Certified copies are printed on security papers that bear the seal of the issuing court custodian. They are available to the two persons the records belong to, their legal representatives, and other persons deemed eligible by the state. On the other hand, uncertified copies are photocopies and have the words “uncertified” or “informational” clearly marked on the papers. They are available for general use.
Understanding Divorce Decrees in Iowa
A divorce decree is a court document that provides a judge’s final judgment in a divorce case as well as the terms of the dissolution. In addition to the information contained in divorce certificates, divorce decrees provide details of the agreed-upon financial settlements, child custody, child support, visitation schedule, property division, debt division, as well as other conditions determined by the court. Usually, divorce decrees are signed by the presiding judges and issued by Iowa District Court clerks at the conclusion of court proceedings. Unlike divorce certificates, they are exclusively available to the divorced parties, their legal representatives, and third parties with relevant court orders.
Understanding Iowa Divorce Records
A divorce record refers to the complete set of documents generated during a divorce trial. It contains extensive details about pre-trial and courtroom proceedings, including initial filing details, motions, orders, summons, notices, oral arguments, evidential materials, final judgments, and other documents recorded in physical and electronic formats. Divorce records are managed and stored by the courthouses where the cases were handled. While all three types of divorce documents are referred to as divorce records, divorce certificates and divorce decrees are short-form extracts of these document collections.
How to Find Out if Someone is Divorced in Iowa
Using the name of the individual or the county where the divorce is thought to have occurred, users of the Iowa online court search tool can look up any divorce document connected to any person in the state. The fact that a person is divorced, who they are divorced from, and the specifics of the divorce are all items of information that are available to the public. The date the divorce was granted and the court where it was finalized will also be listed in the divorce record requested by a third party in Iowa. Alternatively, one can get a copy of a divorce record by getting in touch with the court where the divorce was finalized. If they can offer a case number or the precise date the divorce was issued, the process will go considerably more rapidly.
How to Obtain Iowa Divorce Court Records
Divorce court records include divorce decrees and divorce case files. These records are generated in the family divisions of the various Iowa District Courts and issued to interested parties by court clerks. The Supreme Court Clerk also maintains the updated versions of district trial cases reviewed by the appellate court.
To obtain these records, provide and submit information to identify the record of interest. These include the names of the divorced parties, file case number, and approximate date the divorce was finalized. If the record of interest is a divorce decree, the court clerk may require a government-issued identity card as proof of identity and eligibility before providing the document.
Both mail and in-person requests are accepted. When submitting a mail request, send a written request along with applicable fees, government-issued ID, and a return envelope to the courthouse.
Iowa court charges 50 cents per page for copies of divorce court records. If ordering these copies by mail, contact the court clerk to ascertain the total processing fees. Note that cash payments are only accepted by physical visits.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records in particular, may simply not be available through either source.
How to Lookup Divorce Records in Iowa
Divorce records in Iowa are available through a variety of third-party and government sources. A good place to look up divorce records in Iowa is through the court system. Parties involved in a divorce have the option to look up divorce records through the Iowa judicial branch's electronic filing system. Each divorce court case document is input into the system and can be accessed only by the divorced couple or a licensed attorney. During the filing process for cases in Iowa, persons must file documents using this online system.
How to Obtain an Iowa Divorce Certificate
In Iowa, divorce certificates are available from District Court Clerks Offices. These records can be obtained in person and by mail. When submitting divorce certificate requests, applicants (divorced parties or designated attorneys) must provide enough relevant information to court clerk staff to search for and find the records of interest. Essential information to provide includes the names of the divorced parties, case numbers, dates the divorces were finalized, and the names of the presiding judges. Additionally, requesters must provide copies of their government-issued IDs. Acceptable ones include driver’s licenses, passports, and utility bills.
To submit a mail request, send a written request providing the required information and enclose the required documents and fees. Mail these to the Iowa courthouse, where the record of interest is kept. Also, provide a daytime phone number that the court clerk can call for additional information. The standard fee charged by the Iowa Courts for each divorce certificate is $20.
How to Find Public Divorce Records Online
Through Iowa Courts Online on the Iowa Judicial Branch website, anybody with internet access can view public information on divorce court cases in Iowa but not documents. By getting in touch with the Clerk of Court in person or over the phone, anyone can find divorce records in Iowa at the District Court in the county where the divorce was finalized. There are additional possibilities for people to access divorce records for a minimal price on several third-party aggregate websites.
Does Iowa Recognize Common-Law Marriages?
Iowa common-law marriages are recognized by the state. However, to enter into a common-law union, couples must meet three factors:
- Intent and agreement to be married by both parties
- Continuous cohabitation
- Holding out to the public that the couples are husband and wife.
The burden of proof in a case to demonstrate that a common-law marriage exists is on the person asserting the claim. The party with the burden of proof must prove all of the elements of a common-law marriage by a preponderance of the evidence.
How to Get a Divorce in Iowa
In order to start a divorce case in Iowa, the spouse must file a completed Petition for Dissolution of Marriage with the clerk of court in the county where they both now reside. They must also pay the required filing fee at the time they turn in the petition. A copy of each divorce paperwork must be given to the neighborhood sheriff's office after the Petition for Dissolution of Marriage has been filed. The documents will then be delivered to the spouse by a process server from the sheriff's office. Divorces in Iowa are approved based on three criteria:
- Uncontested divorce: It is an uncontested dissolution of marriage if a spouse agrees with every provision of the petition and submits an Answer to the Petition for Dissolution of Marriage with No Minor or Dependent Adult Children or a General Answer with the court.
- Contested divorce: The judge may order the couple to go through a trial if they continue to disagree on matters such as property division, child custody, or alimony, and each spouse files an Answer disputing the provisions of the initial petition.
- Default divorce A spouse's failure to reply to the Petition for Dissolution of Marriage within 20 days may be interpreted by the court as consent to the Petition's contents. The court may decide to grant the divorce in accordance with the conditions of the Petition.
Typically, 90 days following the filing, a Final Decree of Divorce is issued. The court will issue a Decree of Divorce following its decision on any outstanding issues. Prior to a dissolution decree being entered, a ninety-day (90) waiting period must be satisfied. Settlement agreements, the foundation for a divorce order, are frequently negotiated by the parties. If the couple is unable to come to an agreement, the court will decide the terms of the divorce after hearing testimony and examining evidence.
How to Get Divorce Papers in Iowa
Divorce papers in Iowa can be found in chapter 17 of the Iowa court rules. The divorce documents can also be obtained without charge by visiting Law Help Interactive to acquire Iowa's Interactive Court Forms for a Divorce with No Children or by visiting the Court Forms page of the Iowa judicial branch website. Self-represented parties in divorce proceedings have the option of filing their own documents and serving them on their spouse or the respondent's lawyer. Otherwise, the lawyer for the petitioners may draft and deliver divorce documents.
