- For Attorneys
The following are Iowa statutes:
597.13 Annulment of decree.
The husband or wife affected by the proceedings contemplated in sections
597.10 to 597.12 may obtain an annulment thereof, upon filing a petition
therefor and serving a notice on the person in whose favor the same was
granted, as in ordinary actions; but the setting aside of such decree or
order shall not affect any act done thereunder.
598.19 Waiting period before decree.
No decree dissolving a marriage shall be granted in any proceeding before
ninety days shall have elapsed from the day the original notice is served,
or from the last day of publication of notice, or from the date that waiver
or acceptance of original notice is filed or until after conciliation is
completed, whichever period shall be longer. However, the court may in its
discretion, on written motion supported by affidavit setting forth grounds
of emergency or necessity and facts which satisfy the court that immediate
action is warranted or required to protect the substantive rights or
interests of any party or person who might be affected by the decree, hold
a hearing and grant a decree dissolving the marriage prior to the
expiration of the applicable period, provided that requirements of notice
have been complied with. In such case the grounds of emergency or necessity
and the facts with respect thereto shall be recited in the decree unless
otherwise ordered by the court. The court may enter an order finding the
respondent in default and waiving conciliation when the respondent has
failed to file an appearance within the time set forth in the original
598.28 Separate maintenance and annulment.
A petition shall be filed in separate maintenance and annulment actions
as in actions for dissolution of marriage, and all applicable provisions of
this chapter in relation thereto shall apply to separate maintenance and
598.29 Annulling illegal marriage — causes.
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.