If those divorcing have been talking about the process for a while before filing and sign and agree on everything, can they get an attorney to have the waiting period reduced or waived? what are the reasons that it can be reduced or waived? Is the couple being sure good enough? In this case do they push counseling even though the couple only filed in the first place after thought and certainty? Or is this pretty much close to impossible if there is a child? I don't want to spend extra money in legal fees trying to get something reduced that is not likely to happen so some info would be appreciated. Even 60 days would sound more reasonable.
Here’s the relevant Iowa Code section you’re looking for: Chapter 598.19 “…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… “
In my experience, local District Courts are reluctant to grant this waiver, unless some type of emergency or exigent circumstances exist. Just wanting to be done quicker is not sufficient. Examples that might be grounds are: pending birth of a child during a marriage (when the child is not the husband’s), one party has a mortgage rate locked for a real estate purchase inside the 90 days and must close the purchase, or one party is moving out of the country within the 90 days. You basically need some type of time-sensitive emergency.
An attorney may be able to help you make your motion, but it’s still within the discretion of the Court to approve or deny the waiver, so nothing could be guaranteed. I would recommend you save your money and spend it on setting up your new life instead.
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