In a divorce action, as long as 1 of the parties is a resident of the state that you are filing in, does that satisfy residency requirements?

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In a divorce action, as long as 1 of the parties is a resident of the state that you are filing in, does that satisfy residency requirements?

The way that I read the law, if I issue the papers to my wife, she is the only one who has to be an IA resident, correct?

Asked on February 10, 2011 under Family Law, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In IA, there is a 1 year residency requirement for all spouses filing in the state unless the plaintiff in the case is not a resident, then he or she does not have a residency requirement in order to file for a dissolution of marriage. The parties shall file for a dissolution of marriage in the county where either party resides.  No decree dissolving a marriage shall be granted in any proceeding before 90 days shall have elapsed from the day the original notice is served. (Iowa Code - Sections 598.2, 598.6 and 598.19)

In other words, as long as your wife is a legal resident of IA (i.e. she has lived there for at least a year), you can file there in the county in which she resides.


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