Divorce is an emotionally and legally complex matter. Unfortunately, when people get divorced, they often feel unsure of where to turn. That said, if you’re reading this, you are in the right place. Here at Iowa Defenders, PLLC, we are dedicated to helping clients navigate the complexities of divorce, including matters involving asset distribution, child custody and support, alimony, and more. If you need a competent team of Dallas County divorce lawyers to represent you, simply contact us today.
Divorce Lawyers: Fighting for Individuals & Their Families in Iowa
Getting divorced is never an easy process. Unfortunately, it is something that roughly half of all Americans go through in this day and age. That said, anyone facing a divorce would be best served with a competent Dallas County family lawyer in their corner who is familiar with the various laws governing divorce in our state and how to best serve those going through the process. Our firm stands ready to help you, every step of the way.
Terms That Must Be Settled in a Divorce
The two types of divorce are contested divorce and uncontested divorce. If you’re in an uncontested divorce, it means you and your spouse both agree on all terms pertaining to your divorce. However, as you can imagine, most divorces are contested divorces, meaning you and your spouse have to iron out several issues (or have a judge decide on them) before your divorce can be finalized. Some of the most important divorce-related issues that must be settled are as follows:
- Child Custody: Child custody is one of the most commonly contested divorce-related issues, as both parents typically want to play an equal role in raising their children. If you can’t reach an agreement on your own, a judge will have to decide for you.
- Child Support: Typically, the spouse with primary physical custody of a child will receive child support, but sometimes, the non-custodial parent will contest the amount of support they owe. It’s important to have a team of seasoned divorce lawyers in your corner at this time.
- Alimony: Often, the financially dependent spouse will qualify for alimony in Iowa, but a wide range of factors will influence whether they do actually qualify and the amount they may be eligible to receive.
- Property Division: If spouses can’t agree on “who gets what,” the court will have to decide. This means that important assets, such as bank accounts, stock options, and even the marital home will likely be divided between spouses. It’s critical that you have an attorney in your corner who can protect what’s yours. Here at Iowa Defenders, PLLC, our legal team has extensive experience representing clients through the equitable distribution process, and we are prepared to put that experience to work for you as well.
Iowa is a No-Fault State
In Iowa, the law recognizes divorce under the principle of “no-fault,” which means that you can file for divorce without having to prove wrongdoing or fault on the part of your spouse. This is intended to simplify the process and reduce the conflict associated with proving fault, which can be emotionally draining and contentious.
Under no-fault divorce laws, the primary ground for divorce is simply the irretrievable breakdown of the marriage. This approach helps focus the proceedings on important issues like asset distribution, child custody, and support, rather than the particulars of marital misconduct.
Our attorneys at Iowa Defenders, PLLC are adept at navigating this no-fault divorce landscape, ensuring that your divorce process is as smooth and straightforward as possible.
The Divorce Process in Iowa
The process of getting a divorce in Iowa involves several key steps, designed to ensure all legal aspects are handled thoroughly and thoughtfully. A brief overview of the typical divorce process in Iowa is as follows:
- Filing the Petition: The divorce process begins with one spouse (the petitioner) filing a petition for divorce with the district court in the county where either spouse resides. This petition outlines the basic information about the marriage, including any children, and states the need for a divorce.
- Serving the Petition: Once the petition is filed, it must be legally served to the other spouse (the respondent), providing them an opportunity to respond. The respondent has a certain period, typically 20 days, to file an answer to the petition.
- Temporary Orders: If necessary, the court can issue temporary orders concerning child custody, support, and alimony during the divorce proceedings. These orders are meant to maintain stability until a final decision is reached.
- Discovery: Both spouses exchange information and documents related to their finances and other aspects relevant to the divorce. This phase is crucial for fair negotiations in child support, alimony, and property division.
- Mediation: Often, the court requires the parties to undergo mediation to try to resolve their disputes amicably. Mediation can help reduce the emotional and financial costs of divorce by avoiding a trial.
- Trial: If mediation fails, the divorce will proceed to trial where both parties can present their cases. A judge will make decisions on all unresolved issues.
- Final Decree: Once all issues are resolved, either through mediation or trial, the court will issue a final divorce decree, legally ending the marriage. The decree will include all the terms regarding custody, support, property division, and any other relevant issues.
- Post-Divorce Modifications: After the divorce is finalized, if circumstances change significantly, either party can request modifications to the divorce decree concerning child support, custody, or alimony.
At Iowa Defenders, PLLC, our experienced divorce attorneys are here to guide you through each phase of the divorce process, ensuring your rights are protected and your voice is heard.
Contact Our Iowa Divorce Lawyers Today
Divorce is often a rocky road, so it is always best to have a seasoned lawyer in your corner who can protect the interests of you and your children at every turn. Fortunately, you’re in the right place. Our firm proudly represents clients facing divorce in Dallas County and throughout Iowa. Contact us today to schedule your initial consultation with our compassionate and highly skilled legal team.