An Iowa Senate proposal from the 2026 session would have changed how some couples end a marriage. Under the bill, spouses could have agreed at the marriage license stage to give up the right to a no-fault divorce later on. The measure moved out of subcommittee but never became law, and Iowa’s existing standard remains unchanged.
What Senate File 2172 Proposed
The bill would have allowed couples applying for a marriage license to file a waiver with the county registrar. That waiver would have surrendered the option of ending the marriage solely on the ground that the relationship had broken down.
With a waiver in place, the spouse filing for divorce would have needed to prove one of the following:
- Adultery
- Imprisonment for a felony
- Abandonment of the marital home for at least a year
- Physical or sexual abuse of the filing spouse or a child
- A separation lasting two years or more
The full text and history of Senate File 2172 remain available through the Iowa Legislature’s bill tracking system.
Why the Bill Drew Opposition
Most people who spoke at the subcommittee hearing opposed it. Advocates from the Iowa Coalition Against Domestic Violence warned that requiring proof of fault would leave victims tied to dangerous spouses. Family law attorneys raised a separate concern about court capacity, since contested fault claims take far longer to resolve than uncontested filings. One senator suggested a full rewrite limited to custody and asset division.
What This Means for Iowa Couples Today
Nothing has changed. A person seeking a dissolution in Iowa still shows only that the marriage has broken down with no reasonable likelihood of preservation. No proof of wrongdoing is required.
That does not make every case simple. Fault still surfaces in practical ways.
Where Conduct Still Matters
Iowa does not weigh marital misconduct when dividing property in most situations. But conduct can affect custody and parenting time, particularly where abuse, substance use, or instability is documented. Financial misconduct, such as hiding or dissipating assets, is treated differently again.
A Des Moines, IA divorce lawyer can review which facts in your situation are legally relevant and which ones a court is unlikely to consider.
Proposals Like This Tend to Return
Bills that stall in one session often reappear in another, sometimes in narrower form. Anyone contemplating divorce should base decisions on current law rather than on pending legislation. Legislation that has not passed carries no legal weight.
If your marriage is ending and you’re unsure what Iowa law requires of you, the attorneys at Law Group of Iowa can walk you through the process and what to expect from the court. A Des Moines divorce lawyer on our team can review your circumstances, explain your options for custody and property division, and help you plan a realistic path forward. Contact our office to get started.
