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You don't have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove you've been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.
Iowa law (Iowa Code Section 598.7) states that the district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any dissolution of marriage action or other domestic relations action. What this means is that the Court, if it so desires, can require the parties
Contested Divorce and Uncontested Divorce A Contested Divorce is a form of divorce where either of the partners disagrees for mutual divorce or any dispute regarding property, child, and alimony is in between them. In those cases, they have to seek help from the court for their dissolution of marriage.
Most mediation companies will quote their fees per person per hour or per person per session. This is because in most cases each party will pay for their own fees for the duration of the service. It means that each party then has a vested interest in progressing matters and getting to an agreement.
In Iowa, the courts require a 90-day waiting period before they will enter a final decree. This period begins from the date that the respondent is served with divorce papers. Consequently, it will take at least three months for your divorce to be finalized, even if it is an uncontested divorce.
The Waiting Period Even if you and your spouse reached full agreement in mediation, and the court approved your agreement, six months will still need to pass before the court will issue the final divorce order and decree.
How divorce mediation works in Iowa. In divorce mediation, spouses meet with an independent third party, called a mediator, to reach agreement on the issues of their divorce. The mediator listens to both sides and tries to guide the parties to mutually acceptable resolutions.
Does it matter who files for divorce first in Iowa? The spouse that files for divorce, called the Petitioner, could take advantage of controlling when the divorce case starts, the timeline of serving divorce or custody papers, and the scheduling of initial court dates.
Iowa doesn't have a special, expedited process for uncontested divorces. However, if you and your spouse are able to agree on all the issues, your case will move through the court system much more quickly than if you had to go to trial.
Generally speaking, contested proceedings take 18 to 24 months. Mutual consent varies from 6 months to 18 months. Connect with Vakilsearch to know the new rules for divorce in India & the divorce law as well.