How do I obtain a copy of my marriage documents and get an annulment?

02/01/2007 - Category:Divorce - Annulment - State: IA #915

Full Question:

How do I obtain a copy of my marriage documents? How do I get an annulment? Do you have annulment forms?

Answer:

How do I obtain a copy of my marriage documents?
You should be able to get a copy of your marriage license at the same county office where you received it before you were married and filed it after you were married.

How do I get an annulment?
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status (as if they were never married). An annulment is filed in the same manner as a petition for dissolution of marriage.

If both parties are in full agreement on all the major issues in a divorce, they can typically proceed by filing an uncontested divorce in Iowa (sometimes called a “joint” or “consent” divorce. Uncontested divorce procedures are generally simpler than contested divorces. In addition, one or both of the parties in an uncontested divorce often do not have to appear in court.

Basic Procedure:

1. The Petitioner spouse must file an Iowa divorce form called a petition for divorce in Iowa District Court within the county where he/she resides.
2. The Petitioner must serve a copy of the petition along with an Iowa divorce form called the original notice upon the Respondent spouse.
3. The Respondent spouse must file an Iowa divorce form called an answer within 20 days if he/she wants to tell the court his/her side of the story.

Residency:
If the Respondent spouse is a resident of Iowa and was personally served the dissolution of marriage papers, there is no residency requirement for the Petitioner spouse (one filing for dissolution of marriage) to get a divorce in Iowa. Otherwise, there is a one-year residency requirement.

Waiting Period: 90-days

Venue:
To get a divorce in Iowa the Petitioner spouse must file for divorce in the District Court within the county where he/she resides or where the Respondent spouse resides.

Legal Grounds:
Iowa is a “no fault” state. There must be 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 to get a divorce in Iowa.

A marriage may be annulled for the following causes:

1. Where the marriage between the parties is prohibited by law.
2. Where either party was impotent at the time of marriage.
3. Where either party had a husband or wife living at the time of the marriage, provided they have not, with a knowledge of such fact, lived and cohabited together after the death or marriage dissolution of the former spouse of such party.
4. Where either party was a ward under a guardianship and was found by the court to lack the capacity to contract a valid marriage.

Do you have annulment forms?
We have no Iowa annulment forms, but have samples from other states.



Please see the information at the following links: Please see the forms at the following links:

02/01/2007 - Category: Annulment - State: IA #915

See more Questions in the Annulment Category