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What Is the Petition and What Information Does it Contain?

In a divorce action, the petition is a formal, written request to the Court. It asks the Court to dissolve the marriage.

The petition must say there has been a breakdown in the marriage relationship to the extent that the ?legitimate objects of matrimony? have been destroyed. It must also state there remains no reasonable likelihood the marriage can be preserved. In addition, the petition should have:

Names of the parties. If a spouse decides to use her maiden name or any other last name once the divorce is final, the petition can say so.
Unless the Respondent is a resident of the state and is to be personally served, the petition must state that the Petitioner has been for the last year a resident of Iowa. The petition must state the county in which the Petitioner has lived. It must say how long he/she has lived there minus all absences from the state. It must say the Petitioner has lived there in good faith, and not just to get a divorce.
The name and date of birth of each minor child affected by the divorce.
Whether the Petitioner wants temporary and/or permanent child support and alimony.
Who should have custody of the children.
If there is an existing child support order in place.

Click here for a sample Petition. Click here for a sample Original Notice.

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