A married person may sue or be sued without joining the person's spouse. If both are sued, each may defend; and if one fails to defend, the other may defend for both.
Rule 1.208.Married persons
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.208 lets a married person sue or be sued without joining their spouse, and if both spouses are sued together, allows either one to defend the case, including on the other's behalf if that spouse fails to defend.
Full Text of Rule 1.208
Plain-English Summary
Rule 1.208 removes any requirement that spouses litigate together. A married person may sue, or be sued, without needing to join the other spouse as a party. Marriage alone does not create a procedural obligation to bring both spouses into every case touching one of them.
The rule also addresses what happens when both spouses are sued in the same action. Each may defend the case individually. And if one spouse fails to mount a defense, Rule 1.208 allows the other spouse to defend on both their own and the absent spouse's behalf, so a defaulting spouse does not automatically doom the other's ability to contest the claim.
Frequently Asked Questions
If I am married, does my spouse have to be joined as a party when I sue someone?
No. Rule 1.208 allows a married person to sue without joining their spouse.
Can I be sued individually even though I am married, without my spouse also being named?
Yes. Rule 1.208 allows a married person to be sued without joining the other spouse.
If both my spouse and I are sued in the same case, can we each put on our own defense?
Yes. Rule 1.208 states that if both are sued, each may defend.
What happens if my spouse is sued along with me but does not respond to defend the case?
Rule 1.208 allows you to defend for both of you if your spouse fails to defend, so the case is not automatically lost as to your spouse because they did not respond.
Does this rule require spouses to have the same lawyer or defense strategy?
No. The rule allows each spouse to defend individually; it does not require a joint defense or a shared attorney.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
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