Iowa Bill Allows Couples to Opt Out of No-Fault Divorce

The proposed legislation would require couples to show proof of specific grounds for divorce if they previously waived their right to no-fault dissolution.

Published on Feb. 10, 2026

The Iowa legislature is considering a new bill, Senate File 2172, that would allow couples to waive their right to a no-fault divorce when applying for a marriage license. If a couple had this waiver in place, they would have to show proof of specific grounds, such as adultery or abuse, in order to get a divorce, rather than being able to cite the general "breakdown of the marriage relationship."

Why it matters

The bill is controversial, with most speakers at a subcommittee hearing opposing it. Supporters argue it could help preserve marriages, while critics are concerned it could trap people in abusive situations. The outcome of this legislation could have significant impacts on divorce proceedings in Iowa.

The details

Senate File 2172 was introduced by Republican Senator Jesse Green of Harcourt. It would allow couples to jointly file a waiver with the county registrar when applying for a marriage license, forfeiting their right to a no-fault divorce. If a couple with this waiver wanted to divorce, they would have to prove grounds such as adultery, imprisonment, abandonment, or abuse. Republican Senator Scott Webster of Bettendorf said he may support a more limited version of the bill focused on child custody and asset division.

  • The Iowa legislative session is currently underway.
  • The bill moved forward from a subcommittee with a recommendation for amendment.
  • Most legislation in Iowa must receive approval by February 20th.

The players

Sen. Jesse Green

A Republican senator from Harcourt, Iowa who introduced Senate File 2172.

Sen. Scott Webster

A Republican senator from Bettendorf, Iowa who said he may support a more limited version of the bill.

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What they’re saying

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— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

What’s next

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The takeaway

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