Iowa
Iowa Annulment Laws: Grounds, Void Marriages and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 15 primary sources cited on this page. How we verify our legal content

Yes. Iowa Code 598.29 lists the causes for which an Iowa court may annul a marriage, and section 598.28 provides that an annulment petition is filed as in a dissolution of marriage action. Some marriages, including those between close blood relatives, are void under Iowa Code 595.19.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers civil annulment under Iowa Code chapter 598 (sections 598.2, 598.21, 598.21A, 598.28 to 598.32 and 598.37) and the void-marriage and marriage-age provisions of chapter 595 (sections 595.2, 595.3, 595.18 and 595.19). It does not cover dissolution of marriage in depth, religious annulment, or other states' law. For divorce, see Iowa divorce laws.
How annulment works in Iowa
Iowa handles annulment inside its dissolution of marriage chapter. Iowa Code 598.28 provides: "A petition shall be filed in separate maintenance and annulment actions as in actions for dissolution of marriage, and all applicable provisions of this chapter in relation thereto shall apply to separate maintenance and annulment actions."
Section 598.29 lists the annulment causes, and section 598.30 lets either party petition when the validity of the marriage is doubted. The Iowa Judicial Branch also has a family law FAQ page on annulment.
Grounds for annulment in Iowa (Iowa Code 598.29)
Section 598.29 lists four causes. The section names the causes but does not itself say who may file, set a time limit, or list bars, except the cohabitation rule built into cause (3). The age-misrepresentation rule in section 595.2(3) works differently and is shown in the last row.
| Cause | Statutory wording | Time limit or bar stated | Cite |
|---|---|---|---|
| Marriage prohibited by law | "Where the marriage between the parties is prohibited by law." | None stated in the section | 598.29(1) |
| Impotence | "Where either party was impotent at the time of marriage." | None stated in the section | 598.29(2) |
| Living spouse at the time of marriage | "Where either party had a husband or wife living at the time of the marriage" | Not available if the parties, knowing that fact, lived and cohabited together after the former spouse's death or marriage dissolution | 598.29(3) |
| Guardianship and lack of capacity (wording updated by 2024 Iowa Acts ch. 1009) | "Where either party was a protected person under a guardianship and was found by the court to lack the capacity to contract a valid marriage." | None stated in the section | 598.29(4) |
| A party falsely represented being 18 | The marriage "is valid unless the person who falsely represented their age chooses to void the marriage" in an annulment proceeding | Only the person who misrepresented their age, and only in a proceeding started before that person's 18th birthday, with true age shown by a birth certificate or other legal evidence of age | 595.2(3) |
For causes (1), (2) and (4), the statute's silence on deadlines is not a statement that no limits exist elsewhere. A lawyer licensed in Iowa can say whether any other rule affects timing in a particular case.
Void marriages in Iowa (Iowa Code 595.19)
Some marriages are void under chapter 595 without regard to the 598.29 list.
Blood relatives. Section 595.19(1) provides that marriages between listed persons "who are related by blood are void." The list covers lines such as parent and child, grandparent and grandchild, siblings, and aunt or uncle with niece or nephew, and it ends: "c. Between first cousins."
Bigamy. Section 595.19(2) provides: "Marriages between persons either of whom has a husband or wife living are void, but, if the parties live and cohabit together after the death or divorce of the former husband or wife, such marriage shall be valid."
That second clause matters. A marriage that began while one spouse was still married can become valid if the couple keeps living and cohabiting together after the earlier marriage ends.
Underage marriage in Iowa
Iowa does not have an absolute minimum marriage age of 18 in its 2026 code. Under Iowa Code 595.2(4), a marriage license may be issued when one or both parties are 16 or 17 years old if the parents (or, in listed cases, one parent or a guardian) certify their consent in writing and a district court judge approves. A judge may approve without parental consent where both parents are dead, incompetent or cannot be located and there is no guardian, or after finding that a parent or guardian unreasonably withheld consent (595.2(5)). The judge's approval rests on findings about the minor's best interest and capability, and pregnancy alone is not enough.
Section 595.3(1) bars a license where a party is under the age necessary to make the marriage valid. If a party falsely claimed to be 18, section 595.2(3) keeps the marriage valid unless that person chooses to void it in an annulment proceeding begun before turning 18, and it adds: "A child born of a marriage voided under this subsection is legitimate."
How to file for an annulment in Iowa
Court. Dissolution cases, and so annulments filed as in dissolution under section 598.28, go to the district court, with venue in the county where either party resides (Iowa Code 598.2).
Residency. Iowa's annulment sections do not state their own residency rule. For dissolution, the petition must state that the petitioner has been an Iowa resident for the last year, except where the respondent is an Iowa resident who is personally served (Iowa Code 598.5(1)(k)). Section 598.28 applies the chapter's "applicable provisions" to annulment, but it does not say expressly whether the one-year statement is one of them, so treat this as a question to confirm with the court or a lawyer licensed in Iowa.
Court information. The Iowa Judicial Branch's annulment FAQ is the official starting point for court information.
Property, support and names after an Iowa annulment
Property. Iowa Code 598.21(1) provides: "Upon every judgment of annulment, dissolution, or separate maintenance, the court shall divide the property of the parties." For how Iowa divides property generally, see Iowa divorce laws.

Support. Under section 598.21A(1), on every judgment of annulment, dissolution or separate maintenance, "the court may grant an order requiring support payments to either party for a limited or indefinite length of time." For how spousal support is decided, see Iowa alimony laws.
Compensation for a good-faith spouse. Section 598.32 provides: "In case either party entered into the contract of marriage in good faith, supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree, and the court may decree such innocent party compensation as in case of dissolution of marriage." This page does not cover putative-spouse claims in Iowa beyond that section.
Name. Under section 598.37, either party may ask in a decree of annulment to change their name to the name on their birth certificate or the name they used immediately before the marriage.
Children after an Iowa annulment
Iowa Code 598.31 provides: "Children born to the parties, or to the wife, in a marriage relationship which may be terminated or annulled pursuant to the provisions of this chapter shall be legitimate as to both parties, unless the court shall decree otherwise according to the proof."
Section 595.18 adds that children born of a marriage contracted in violation of section 595.3 or 595.19 are legitimate. Custody and child support are covered in Iowa child custody laws.
Annulment vs. divorce in Iowa
An annulment declares a marriage a nullity on one of the causes in section 598.29, or rests on a marriage that section 595.19 makes void. A dissolution of marriage, Iowa's term for divorce, ends a valid marriage. Because section 598.28 routes annulment petitions through the dissolution procedure, the two cases share much of the same process. For dissolution grounds and procedure, see Iowa divorce laws.

A church or religious annulment and a court annulment are separate processes; one does not take the place of the other. For certified copies of marriage and divorce records, see Iowa marriage and divorce records.
Disclaimer: This article provides general legal information about civil annulment under Iowa Code chapters 595 and 598. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Iowa or the Iowa Judicial Branch's self-help resources.
Related
- Annulment laws in every state
- Iowa divorce laws
- Iowa alimony laws
- Iowa child custody laws
- Iowa marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
What are the grounds for annulment in Iowa?
Iowa Code 598.29 lists a marriage prohibited by law, impotence at the time of marriage, a living spouse at the time of marriage, and a party under guardianship found by a court to lack capacity to marry. Marriages void under 595.19 include those between close blood relatives and bigamous marriages, unless the parties cohabit after the former spouse's death or divorce.
Is there a time limit to get an annulment in Iowa?
Section 598.29 does not state deadlines for its causes. One rule does: a person who falsely claimed to be 18 can void the marriage only in a proceeding started before their 18th birthday (Iowa Code 595.2(3)).
Can you get alimony after an annulment in Iowa?
Yes, the court may order support payments to either party on every judgment of annulment (Iowa Code 598.21A(1)), and it may decree compensation to a party who married in good faith (598.32).
Are children of an annulled marriage legitimate in Iowa?
Under Iowa Code 598.31 they are legitimate as to both parties unless the court decrees otherwise according to the proof, and 595.18 makes children of marriages void under 595.3 or 595.19 legitimate.
Is a first-cousin marriage void in Iowa?
Yes. Iowa Code 595.19(1) lists first cousins among the blood relatives whose marriages are void.
Where do you file for an annulment in Iowa?
Annulment petitions are filed as in dissolution actions (Iowa Code 598.28), which go to the district court in the county where either party resides (598.2).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Iowa Code, Chapter 598: DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS
§ 598.29Annulling illegal marriage — causes.In force
Marriage may be annulled for the following causes: 1. Where the marriage between the parties is prohibited by law. 2. Where either party was impotent at the time of marriage. 3. Where either party had a husband or wife living at the time of the marriage, provided they have not, with a knowledge of such fact, lived and cohabited together after the death or marriage dissolution of the former spouse of such party. 4. Where either party was a protected person under a guardianship and was found by the court to lack the capacity to contract a valid marriage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
§ 598.28Separate maintenance and annulment.In forcecited in 2 of our articles
A petition shall be filed in separate maintenance and annulment actions as in actions for dissolution of marriage, and all applicable provisions of this chapter in relation thereto shall apply to separate maintenance and annulment actions.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Also relied on in: Legal Separation in Iowa: Separate Maintenance Under Iowa Code 598
§ 598.30Validity determined.In force
When the validity of a marriage is doubted, either party may file a petition, and the court shall decree it annulled or affirmed according to the proof.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
§ 598.31Children — legitimacy.In force
Children born to the parties, or to the wife, in a marriage relationship which may be terminated or annulled pursuant to the provisions of this chapter shall be legitimate as to both parties, unless the court shall decree otherwise according to the proof.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
§ 598.32Annulment — compensation.In force
In case either party entered into the contract of marriage in good faith, supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree, and the court may decree such innocent party compensation as in case of dissolution of marriage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Iowa Code, Chapter 595: MARRIAGE
§ 595.19Void marriages.In forcecited in 3 of our articles
1. Marriages between the following persons who are related by blood are void: a. Between a man and his father’s sister, mother’s sister, daughter, sister, son’s daughter, daughter’s daughter, brother’s daughter, or sister’s daughter. b. Between a woman and her father’s brother, mother’s brother, son, brother, son’s son, daughter’s son, brother’s son, or sister’s son. c. Between first cousins. 2. Marriages between persons either of whom has a husband or wife living are void, but, if the parties live and cohabit together after the death or divorce of the former husband or wife, such marriage shall be valid.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- State of Iowa v. Steve Thomas Schneider (Court of Appeals of Iowa 2015)“…h they were separated and in the process of divorcing. See Iowa Code § 595.19(2) (providing a marriage is void when…”
- United States v. Windsor (Supreme Court of the United States 2013, 570 U.S. 744)“…s to marry, but a handful— such as Iowa and Washington, see Iowa Code §595.19 (2009); Wash. Rev. Code §26.04.020 (201…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Iowa: Is It Recognized? (2026), Iowa Marriage License Requirements 2026: $35 Fee, 3-Day Wait
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Sources and References
- Iowa Code 598.28 (separate maintenance and annulment petitions filed as in dissolution)(legis.iowa.gov).gov
- Iowa Code 598.29 (annulling illegal marriage: causes)(legis.iowa.gov).gov
- Iowa Code 598.30 (validity of a marriage determined on petition)(legis.iowa.gov).gov
- Iowa Code 595.19 (void marriages)(legis.iowa.gov).gov
- Iowa Code 595.2 (marriage age; false representation of age)(legis.iowa.gov).gov
- Iowa Code 595.3 (marriage license bars)(legis.iowa.gov).gov
- Iowa Code 595.18 (children legitimate)(legis.iowa.gov).gov
- Iowa Code 598.2 (jurisdiction and venue)(legis.iowa.gov).gov
- Iowa Code 598.5 (dissolution petition contents, including residency statement)(legis.iowa.gov).gov
- Iowa Code 598.21 (property division on judgment of annulment)(legis.iowa.gov).gov
- Iowa Code 598.21A (support payments on judgment of annulment)(legis.iowa.gov).gov
- Iowa Code 598.31 (children legitimate as to both parties)(legis.iowa.gov).gov
- Iowa Code 598.32 (compensation for a good-faith party)(legis.iowa.gov).gov
- Iowa Code 598.37 (name change in a decree of annulment)(legis.iowa.gov).gov
- Iowa Judicial Branch, FAQ: Family Law, Annulment(iowacourts.gov).gov