May 12, 2014. Sometimes it is hard to get a divorce because you can’t figure out where to file for divorce. If a couple lives in a state for a long period of time, then moves to another state, decide to get divorce it can get complicated. It can get more complicated when one of the parties wants to move to yet another state.
Before a petitioner can file for divorce in Iowa, they must be a resident of Iowa for the past year, after deducting all absences from the state. The petitioner must also state the maintenance of the residence has been in good faith and not for the purpose of getting a divorce. A party cannot consent to or waive jurisdiction. The court can overturn a decree if the court did not have subject matter jurisdiction in the first place.
How do couples file for divorce if residency is an issue? The petitioner can file for divorce when the respondent is a resident of Iowa and is personally served. Otherwise, the petitioner will wait until they have lived in Iowa for one year. If you do not know where to file for divorce, consult an attorney. The last thing you want to happen is to get divorced and run into problems down the road because the court did not have jurisdiction in the first place and you have to start over.