Grounds for Divorce in Iowa
Iowa is what is known as a no-fault divorce state. This means there is no requirement that either party be found to be responsible for the breakdown of the marriage and there is no need to state a cause. The only grounds or evidence for divorce in Iowa is a sworn statement that “there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” The state merely wants to be assured the breakdown is complete and there is no chance in your mind it will ever be revived. If the person filing for divorce (the petitioner) cannot satisfy the court with satisfactory evidence the breakdown and irreparable nature of the marriage, the other spouse (the respondent) can then present evidence to prove the breakdown as if the respondent had originally brought the divorce action.
Annulment (IA 598.29)
An annulment is a legal proceeding establishing that a valid marriage never occurred for one or more of the following reasons:
- where the marriage between the parties is prohibited by law;
- where either party was impotent at the time of the marriage;
- where either party had a husband or a wife living at the time of the marriage, provided they have not, with a knowledge lf such a fact, lived and cohabited together after the death or marriage dissolution of the formers spouse of such a party.
- where either party was a ward under guardianship and was found by the court to lack the capacity to contract a valid marriage.
An innocent party who enters into a marriage that is ultimately annulled may be awarded compensation paid by the other party. (598.32)
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