- 1). Determine whether you are married. The state of Iowa recognizes common law marriages. The requirements for a common law marriage in Iowa are that 1) the parties intend and agree to be married, 2) the parties continuously cohabitate and, 3) the parties make public declarations that they are married. If you believe that you have met all three requirements of a common law marriage, you may be entitled to the benefits of a legally recognized divorce. It is best to have a court determine whether or not you have a common law marriage, either through formal divorce proceedings or by requesting that the court make a declaration of your rights as a common law spouse.
- 2). Contact Legal Aid of Iowa. Legal Aid of Iowa is a non-profit law firm which provides civil legal representation for Iowa citizens unable to afford an attorney. If you meet income and residency requirements you may qualify for legal aid representation. Legal Aid of Iowa has eligibility information available online at IowaLegalAid.org. This website will also provide a phone number for you to reach the legal aid office in your area. Before contacting Legal Aid, gather complete information about your income and monthly expenses in order to help determine whether you are eligible for free legal services.
- 3). Consider a Pro Se Divorce. An individual appears before the court pro se when he appears without separate legal counsel. Appearing pro se may be a good option for you if no children were born of the marriage and there is little marital property to divide. Although you will still have to pay court costs when proceeding in your divorce pro se, you will save a significant amount of money in legal fees because you will not have to pay a lawyer. Information on pro se divorces and the required documents to file with the court is available at IowaCourts.gov.
- 4). Consider whether your spouse has the means to pay for the divorce. If your spouse is in a significantly better financial position than you are, the court may order your spouse to pay for the divorce. In order to take advantage of this option, you should have an attorney draft the appropriate documents to submit to the court. An attorney will probably require a retainer fee up-front in order to represent you. However, you may be able to borrow the retainer or ask if a payment plan can be arranged. If the court grants your request that your spouse pay for the divorce she will then be responsible for paying your attorney.
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