- 1). Confirm that one of the parties meets the one-year residency requirement. The person filing the petition (plaintiff) must have been a resident of Iowa for at least one year before filing the petition unless the plaintiff lives outside Iowa but the respondent meets the residency requirement. In that case the plaintiff may still file in Iowa.
- 2). Determine in which county you will file the petition for legal separation. The petition must be filed in the county where the plaintiff lives, or if the plaintiff lives outside Iowa then in the county where the respondent lives.
- 3). Prepare a petition for legal separation. Forms for a petition for divorce as well as all other forms you will need can be found on the website for the Iowa Judicial Branch (see Resources). The forms required for a legal separation are the same as those for a divorce--simply change the title of the petition and any other reference to "legal separation."
- 4). Make at least four copies of the petition. Take the petition to the district court clerk's office and file the petition. The court will file-stamp the remaining copies. Pay the required filing fee, which varies from county to county; check with the court clerk in your county for more information.
- 5). Serve one of the file-stamped copies on your spouse within 90 days. If you use a civil process server they will also need a copy of the petition. Provide the court with proof of service when completed.
- 6). Wait the statutorily required 90 days after the petition was filed to file a settlement agreement and decree, or file a request for a hearing date if you and your spouse are unable to reach an agreement.
- 7). Attend the hearing, where the judge will listen to testimony and review evidence before making decisions about contested issues. Your divorce will be final when the judge signs the decree either pursuant to the settlement agreement and decree you and your spouse filed or after the hearing on contested issues.
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