Iowa has allowed no-fault divorce since 1970, and for most of the decades since, the framework has gone largely unquestioned at the statehouse. That changed during the 2026 legislative session, when a Senate bill proposed letting couples give up the no-fault option before they ever say their vows.
What Senate File 2172 Proposed
The bill, introduced by Senator Jesse Green, would have added a new step to the marriage license process. Couples applying for a license could jointly sign a waiver giving up the ability to later seek a divorce on the sole ground that the marriage had broken down.
A couple who signed that waiver would not be barred from divorcing. They would instead have to prove a specific reason.
The Grounds a Waiver Would Have Required
Under the bill text filed with the Iowa Legislature, a spouse petitioning after a waiver would have needed proof of one of the following:
- Adultery by the other spouse
- A felony conviction with a prison sentence
- Abandonment of the marital home for a year or more, with a refusal to return
- Physical or sexual abuse of the petitioning spouse or a child of either party
- Living separately without reconciliation for two years or longer
The waiver itself would have been presumed valid. A spouse challenging it would have carried the burden of showing by clear and convincing evidence that it was signed involuntarily or under fraud, duress, or coercion.
Where the Bill Ended Up
The proposal cleared a Senate subcommittee in February and then stalled. It did not clear a full committee before the session’s first deadline.
Supporters framed the measure as a way to strengthen marriage and give couples an option the state does not currently offer. Opponents, including domestic violence advocates and practicing attorneys who testified at the hearing, raised concerns about cost and about the position it would put abuse survivors in. Even one Republican senator who voted to advance the bill said it needed a full rewrite before he could support it, according to Radio Iowa’s coverage of the hearing.
What Iowa Law Says Now
Nothing about the divorce process changed. A person filing in Iowa still does not have to prove wrongdoing by a spouse. As the Iowa Judicial Branch explains, the petition states that the marriage has broken down with no reasonable likelihood it can be preserved, and the court can grant a dissolution even when only one spouse wants it.
The ninety-day waiting period still applies. Property is still divided equitably rather than automatically down the middle, and marital fault is not a factor in that division. Anyone weighing their options should talk with a Windsor Heights, IA family lawyer before making assumptions about how a case will unfold.
Why This Matters Locally
Legislative proposals like this one tend to resurface. A bill that dies in one session often returns in modified form, and Senator Green indicated openness to a rewrite focused on asset division and child custody rather than on the grounds for divorce itself.
For couples already married, the practical takeaway is limited. Nothing you signed at the courthouse years ago carries a waiver of this kind. For couples marrying now, the same holds true. Prenuptial agreements remain the recognized tool in Iowa for setting terms in advance, and they operate under their own set of rules.
A Windsor Heights family attorney can walk you through how the current framework applies to your circumstances, whether you are considering a dissolution, responding to one, or thinking through a premarital agreement. Reach out to Law Group of Iowa to talk about where things stand for you.
