What to Expect When You File for Divorce in Iowa

The decision to file for divorce is not an easy one. You may have a number of questions about the potential ramifications of a divorce. For example, who is supposed to move out of the marital home first? How will your finances be split? If children are involved, a host of other issues arise relating to custody, visitation, and child support. While there are many unknowns at the beginning of the divorce process, you don’t need to jump in blindly. If you are considering filing for divorce in Iowa, there are a few things that you can be certain to expect.

  1. The Petition for Dissolution of Marriage

When one person decides to move forward with a divorce action, the initiating document is called the Petition for Dissolution of Marriage. This document lays out certain information for the Court, such as the names of you and your spouse, the date of your marriage, whether kids are involved, and what you are asking the court to do. For example, in addition to dissolving the marriage, people will often ask the court to award temporary alimony, temporary custody of the children, or temporary child support.

When the Petition for Dissolution of Marriage is filed with the Court, the Court then issues what is called an Original Notice. The Original Notice informs your spouse that a divorce action has been filed and that if he or she does not respond to the Petition, the court may enter judgment against him or her by default. The Court will not move forward with your case until the Petition and Original Notice are formally served upon your spouse by a process server or a sheriff.

  1. Conciliation

Either party may ask the court to pause the divorce action for sixty (60) days or less in order to give the parties a chance to reconcile. During the period of conciliation, the parties are ordered to attend marital counseling and attempt to work out their differences. If there is no chance that you and your spouse will get back together, then conciliation may be waived by both parties.

  1. Temporary Orders Hearing

If alimony, child support, or child custody is at issue, either spouse may request the Court to hold a Temporary Orders Hearing. This hearing is usually held within the first sixty days after the filing of the Petition for Dissolution of Marriage. At this hearing, each party will present evidence of the needs, obligations, expenses, and any income he or she may have. Generally, claims of child support and alimony are supported by written information provided to the Court in the form of a financial statement or affidavit. If child custody is an issue, the Court may hear testimony from the parties.

  1. Discovery

The next stage of the proceeding is a “discovery” period during which both sides attempt to collect all the information necessary for settlement discussions or trial. There are requirements for the automatic exchange of certain financial records, such as pay stubs, tax returns, and health insurance information. “Discovery” is also accomplished by formal legal devices such as interrogatories, requests for production of documents, and depositions. There are time limits for serving and responding to discovery requests that should be carefully monitored and observed.

  1. Mediation

Every family law case must go through mediation before the case can go to trial. Mediation is a process where a neutral third person (the mediator) attempts to help you and your spouse reach an agreement. The mediator cannot force anyone to settle the case. If the mediation is not successful and no agreement is reached in mediation, the mediation ends. The case then proceeds to trial.

  1. Final Trial

The law establishes a mandatory 90-day waiting period between the time a case is filed and the time a divorce may be granted. This is a minimum time limit; most cases usually take longer. If you and your spouse are unable to negotiate a settlement agreement, either party can ask the court to assign the case for trial. Cases that must go to trial take longer to complete because the court can only hear a limited number of cases per week. Some cases cannot be completed in a single day, and each case must wait its turn to be reached for trial.

At this hearing, final determinations are made concerning property division, permanent child support, and alimony. Proof relating to these issues is presented to the court in the form of witness testimony and documentary evidence. Some documentary evidence that you may want to provide includes an appraisal of your home or business. If you believe your spouse is underemployed, you may want to have your spouse undergo a professional vocational assessment to determine his or her earning capacity. If children are involved, you may want to appoint an expert to conduct home studies and make recommendations to the court about the children’s best interests. In Iowa, joint legal custody is presumed to be in the children’s best interests unless the court finds specific grounds, such as domestic abuse, to deny joint legal custody.

  1. The Decree of Dissolution of Marriage

The Court may enter a decree of dissolution of marriage after finding that A) one of the parties has been living in Iowa for at least ninety (90) days immediately before the filing of the Petition for Dissolution, B) there is no likelihood that the marriage can be preserved, and C) at least ninety days have passed since the responding spouse was served with the Petition. With the entry of the Decree, the court is required to make provision for final child custody, child support, alimony, and property disposition.

Guiding You Through Divorce In Iowa

Iowa is a “no fault” divorce state, which means spouses need not prove that the other spouse is at fault through infidelity or other faults. That doesn’t matter. In Iowa, you can get a divorce even if only one person wants it. Our Iowa City divorce attorneys will walk you through the process every step of the way. We can provide you with options and inform you about mandatory steps. For example, there is a mandatory 45-day parenting program that couples must complete if they have children.

As with other areas of law in which we practice, we follow a two-pronged approach:

  • Participate in the mediation process to find agreement and options.
  • Prepare for a court fight if necessary.

Spousal support or alimony is awarded in Iowa and will depend upon many factors such as the length of the marriage, employment history and future employment options.

The two main areas of contention in divorce are typically child custody and division of property.

Equitable Division Of Property In Iowa Divorce

During divorce, property will be divided equitably. Equitable is not the same as equal. For example, rather than selling the house and dividing the equity in half, one party may stay in the home to assume full ownership and the other party may accept more equity from retirement funds or other property. Equitable division considers the length of the marriage and the ability of either party to earn an income. The division of property also factors into any alimony or spousal support that one party may pay out to the other — and for how long.

Marital property includes debts as well as assets:

  • Main residence or home
  • Vacation homes or vacation property
  • Cash assets in bank accounts and stocks
  • All vehicles and boats
  • Collections (art or guns, for example)
  • Retirement assets such as 401(k)s, IRAs, TIAA CREF accounts and others
  • Credit card debt
  • Taxes due to the IRS, state or local government

Contested And Uncontested Divorces

Even though Iowa is a “no fault” divorce state, you can still have either a contested or uncontested divorce. An uncontested divorce would be one in which the parties agree on property division, child custody, spousal support and other details. If the couple cannot agree on all of the details during mediation, the divorce proceeds as a contested divorce and will be heard in court before a judge.

Misconceptions About Common Law Marriage

Information

Being married gives people certain legal rights. Many of these legal rights don’t become important until the couple splits up. If there is a marriage, whether it is a “regular” marriage or a common law marriage, when the couple splits up they can get a divorce. In a divorce, the court can decide who is responsible for paying debts, divide real estate and other property, and in limited situations, award alimony.

If we live together for seven years, don’t we have a common law marriage?

Maybe. There are three requirements for a couple to be married by common law in Iowa:

  1. There must be an agreement that the people are married.
  2. The couple must live together continuously as spouses.
  3. The couple needs to present themselves publically as a married couple.

There is no specific time that the couple must live together to meet the second requirement. The couple does need to live together continuously, and not just occasionally or on weekends. They also need to live together as a couple, which generally means they need to have a sexual relationship.
Both people must meet all three requirements. For example, if one person considers themself married, but the other person doesn’t, there is no common law marriage.

If my spouse and I consider ourselves to have a common law marriage, doesn’t that mean we are married?

Not necessarily. It is the legal system rather than the couple that decides if there is a common law marriage. Until the legal system says there is a common law marriage, it is not absolutely clear whether one exists.

Is a common law marriage as good as a “regular” marriage?

Sort of. A person who has a marriage by common law has the same legal rights as a person who was married in a religious ceremony or in front of a judge or magistrate. The problem is it can be hard to prove whether a common law marriage exists. A marriage certificate is issued by the State of Iowa when a person has a “regular” marriage. This certificate proves a person is married. There is no similar document that exists for common law marriage.

A Court can decide if a common law marriage exists. This happens most often if a person files for a divorce claiming they have a common law marriage. The Court will then decide if there is a common law marriage. The Court cannot divorce a couple unless there was a marriage. The person asking the Court to divorce them based on a common law marriage has to prove to the Court there was a common law marriage, and this can be difficult.

If we have a common law marriage, can I get a common law divorce?

No. There is no such thing as a common law divorce. Only the Court can divorce a couple. Once a common law marriage exists, it continues to exist until there is a divorce by the Court.

If we both use the same last name, do we have a common law marriage?

Not necessarily. There is no requirement that one spouse take the last name of the other spouse. Even doing so does not establish a common law marriage. All three of the requirements listed above must be met for there to be a common law marriage. The third requirement is that the couple hold themselves out to the public as being married. A person using their spouse’s last name is evidence that the couple held themselves out to the public as married. Other evidence includes things such as:

  • introducing each other as the person’s spouse
  • exchanging wedding rings
  • listing each other as spouse on insurance 

THE 7 STEPS IN AN IOWA DIVORCE

1. MEET WITH AN ATTORNEY

When facing a divorce, having the right support and guidance is crucial. A qualified attorney can help protect your rights and interests throughout the process.

Before meeting with an attorney, gather all relevant documents, such as financial statements, tax returns, and prenuptial agreements.

During the consultation, be prepared to share your concerns and goals for the divorce. The lawyer can answer any questions you have, tell you what to expect, and guide your next steps.

2. COMPLETE AN INTAKE QUESTIONNAIRE

After selecting a lawyer to represent you, complete an intake questionnaire. This document asks for information including your personal details, assets, debts, and any relevant history. Your attorney uses this information to understand your situation and build your case.

3. FILE YOUR DISSOLUTION OF MARRIAGE PAPERWORK

Next, you will officially file for divorce. You can file this paperwork with your spouse’s cooperation, confirming that you have agreed to end your marriage. Depending on the circumstances, you can file alone and serve your spouse notice later. (We will cover this scenario in the next step).

Filing this paperwork is a formal, legally binding process. It officially alerts the state that you are beginning the divorce process. It does not, however, officially end the marriage.

Your lawyer will help you carefully, accurately complete this paperwork.

4. SERVE YOUR SPOUSE THE DISSOLUTION OF MARRIAGE PETITION

Iowa allows you to begin divorce proceedings without your spouse’s consent. If this scenario applies to you, a legal professional will officially service your spouse with a notice. This step is necessary for the divorce to move forward.

Once your spouse has been served, they have a certain amount of time to respond and begin working toward a resolution.

5. COMPLETE OTHER NECESSARY STEPS, DEPENDING ON YOUR SITUATION

If you live in Iowa, there are a few more steps to take before moving forward. You’ll need to fill out more forms such as the Financial Affidavit.

When you and your spouse share children, you must also complete the Child Support Guideline. Depending on your district, you may be required to attend a “Children in the Middle” course. You will receive a certification that states you completed the course, and you will add this certificate to your stack of paperwork.

Dealing with this paperwork is complicated and time-consuming, but these forms help your divorce go smoothly. They can also help make sure everyone involved gets the care and protection they need.

6. ATTEND TEMPORARY HEARINGS

These hearings address issues that need immediate attention, such as child custody and support, spousal support, and possession of the family residence or other property. In many cases, both spouses and children will need financial help before the divorce is finalized.

Come prepared with documentation and organized information. Doing so strengthens your case. Your attorney will help you gather the correct paperwork and keep it in order.

Be aware of the emotions that may arise during these hearings. It’s important to remain respectful and composed throughout.

7. ATTEND TRIAL IF NECESSARY

Couples who work together using mediation, arbitration, or other methods can avoid taking their divorce to court. Others, unfortunately, must let a judge decide their fate.

Here are some things to keep in mind when attending your divorce trial.

  • Dress appropriately for the courtroom, opting for conservative and professional attire.
  • Make sure you have all necessary documents and evidence prepared and organized for easy access. Your attorney will help with this part.
  • During the trial, both attorneys will probably question you. Remain calm and composed throughout the process. You can practice questioning beforehand with your lawyer. Answer questions as honestly and accurately as possible.

Iowa Divorce Laws: What You Need to Know

iowa divorce laws

Divorce is an uncomfortable subject for most people – after all, no one likes to imagine there is any chance that their marriage will end up not lasting forever. The end of a marriage, though, doesn’t need to mean the end of financial health for anyone involved. If you follow the laws of your state and think strategically, there is no reason you can’t come out of a divorce ready to make it on your own, at least financially. The laws in each state are different, though, so knowledge is power. This guide walks through the laws in Iowa, so Hawkeye State residents can be ready for whatever is coming in the divorce process. If you are going through a divorce and want to adjust your financial plan accordingly, a financial advisor can help.

How to File for Divorce in Iowa

Eligibility

If the person being served papers (legally known as the respondent) lives in Iowa and is served the divorce papers personally, there is no residency requirement to file for divorce in Iowa. If not, the person filing for divorce (legally known as the petitioner) must have lived in the state for at least a year.

Grounds for Divorce in Iowa

Iowa only has no-fault divorce. This means that legally the reason a couple is getting divorced is irrelevant. That said, in Iowa the couple must prove to the judge that the marriage is broken beyond repair. This could involve submitting documents (such as text messages) or having a third-party testify.

Process to Divorce

The first step in getting a divorce in Iowa is to file papers with the district court that serves your county. It’s important you choose the right court to file in, otherwise your case may be tossed out and you’ll have to start over.

After filing your papers, you’ll need to serve your spouse. This can be done via your county sheriff or with a process server. The spouse being served will then respond to the court.

If the divorce is uncontested, meaning both sides agree on getting divorced and on how to handle issues including asset division, alimony and child custody, a separation agreement will be presented to the judge. If all is satisfactory, after a 90-day waiting period is over the judge will sign it and finalize the divorce.

If the couple doesn’t agree on all the issues, the answering of the summons will be filed by a discovery process. Both sides will make financial disclosures, gather evidence and interview witnesses. There will likely be an attempt at mediation with a third-party to come to an agreement. If one cannot be reached, there will be a trial. Both parties will present evidence and call witnesses. Once both sides have made their cases, the judge will make a final decision on all the relevant issues.

How to Split Up Assets During a Divorce in Iowa

iowa divorce laws

In Iowa, which is an equitable distribution state, marital property includes most all of the debts and assets acquired during the marriage. The only exception to this rule is if the property was obtained via a gift or inheritance, in which case it is considered separate property and is not subject to the divorce proceedings. Anything obtained by either spouse before the marriage is also considered separate property – unless the step was taken during the marriage to convert it to joint ownership.

How to Divide Property in Iowa After a Divorce

If the parties of a divorce agree to a division of marital property, they can present that to the judge. If not, the judge will have to make the division themself and consider relevant factors including:

  • How long the couple was married
  • Each spouse’s age and health
  • Any prenuptial or other agreements
  • If the spouse brought property into the marriage
  • Alimony payments
  • Earning capacity
  • How one spouse supported the other’s career
  • Contributions to the marriage including homemaking and child rearing
  • Desirability of being awarded the family home
  • Tax consequences

Managing Child Support and Alimony In Iowa 

Both parents are responsible for paying to raise any children after a divorce. If one parent has primary custody, though, it is assumed they are paying their share directly, so the other spouse is the only one to pay child support.

If the parents share custody, the parent with higher income will generally pay child support to the other in order to make up the difference. There is a somewhat complicated equation for figuring out exactly what child support payments will be, taking into account net income of both parents, parenting time and the total needed to pay for the child.

There are three types of alimony in Iowa: traditional, rehabilitative and reimbursement. Traditional alimony is paid when one spouse won’t be able to become self-supporting. This is generally awarded when the marriage was of a longer duration and one spouse didn’t work in order to stay home and care for the family. This is generally long-term or permanent alimony and only ends when the paying spouse dies or the supported spouse remarries.

Rehabilitative alimony is a short-term option and is only paid for a predetermined amount of time to allow the supported spouse to become self-sufficient. Reimbursement alimony isn’t as common, but it is used to repay one spouse if that partner supported the other financially while the other developed his or her career.

There is no formula for determining the size of alimony payments. Instead, the judge can consider myriad factors including length of marriage, age, health, property distribution, education, earning capacity and anything else the court deems relevant.

401(k) and IRA and Divorce in Iowa

There are a few things to consider when you go about splitting up a 401(k) for a divorce. First, you’ll have to determine which parts of plan are considered marital assets. Generally, any money put in to the account during the marriage is considered marital property, and anything deposited before the altar is separate property.

Once that is determined, the judge may order that some of the funds in one party’s 401(k) be transferred to the other. Normally, taking money out of a retirement account before age 59.5 would result in a 10% penalty, but the judge can issue a qualified domestic relations order (QDRO) which allows for this penalty to be waived.

Now, there are a few options for what happens to the money. If the spouse receiving the money takes it as a regular dispersal, they can do whatever they want with it — but will have to pay regular income tax on it. It can also be rolled into another retirement account. Sometimes the spouse has a choice of what to do and sometimes the divorce settlement will have specific instructions.

If you have an individual retirement account (IRA), a QDRO is not needed, but the divorce decree must list specifically what money is to be taken out of the account to avoid the penalties associated with early withdrawals.

Divorce and Estate Planning in Iowa

iowa divorce laws

If you and your spouse had an estate plan while married, it is time to revisit that. First off, while you were married it is likely that all of your assets were set to transfer to your spouse if you died. You’ll likely want to change that — and if you have children, you might want to set up a trust to transfer your assets to them.

Also, take the time to check all financial accounts, including retirement accounts, to change your designated inheritor. Now is also the time to change any advanced medical directives or powers of attorney you have set up, unless you still want your ex-spouse to make medical decisions for you.

Finally, check in with your ex to figure out what happens with your children if both of you die. If you already had a plan, just make sure it is still palatable to everyone.

Bottom Line

Iowa is a no-fault divorce state, so the reason for your split won’t be relevant in court. An uncontested divorce is an option, though, if both parties agree on all relevant issues. If not, there will be mediation filed by a trial, if needed.

Divorce Financial Planning Tips

  • No matter your relationship status, getting help from a professional may be a good idea for your finances. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool connects you with financial advisors in your area in just five minutes. Get started now.
  • Even if you take all of the steps needed, your credit may still take a hit following a divorce. Read these five steps to repair credit after a divorce for tips on improving it.

Summary of Iowa Divorce Law

What should I know about divorce in Iowa?

  • It is not hard to get a divorce, it does take time.
  • You must plan and make decisions before you begin a divorce.
  • Iowa is a “no-fault” state. This means you do not have to prove your spouse caused your marriage to fail.
  • Your spouse does not have to prove you caused your marriage to fail.
  • The Court will let you get a divorce if you, or your spouse, say the marriage is broken and cannot be mended.


How long must I live in Iowa before I can file for a divorce?

  • You must live in Iowa for one year before you can file a divorce.
  • If your spouse lives in Iowa, you may be able to file now.


What is “common law” marriage?

  • This means a couple may be married even if they did not have a wedding with a marriage license. Instead of a license and a ceremony, it may be that:
    • The couple told people they are married (and they are not married to anyone else)
    • They live together as spouses
    • They share a last name
    • They have joint bank accounts

(Common law marriage information).


Can I file a divorce without a lawyer?

  • It is not easy to file a divorce on your own. There are a lot of rules you must follow.
  • You do not have to use a lawyer. You can file a divorce without a lawyer.
  • A lawyer can help you understand what to do.
  • A lawyer can tell you your rights.
  • Pro Se or Self Represented Litigant are the terms used to mean a person is filing by themselves.
  • The Iowa Judicial Branch has free forms you must use to file a divorce if you do not have a lawyer. Free Court Forms


When do I Need to Have a Lawyer?

You should talk to a lawyer when:

  • There are children from this marriage
  • Either of you own real estate
  • You don’t agree about how to divide what you own
  • One spouse thinks they may be entitled to support from the other spouse.
  • There is any dispute
  • There is a lot of property or money including a pension

How can I start a divorce?

  • You must fill out a form called a petition.
    • You must give the court information about you, your spouse and your marriage
    • The petition tells the Court what you want to do.
  • You file a copy of the petition in the county Court.
  • You must “serve” (give a copy) the petition to your spouse.
    • There are rules you must follow to serve the petition and other legal documents in a divorce case.


What if I do not know where my spouse is?

  • First you have the sheriff serve (give a copy) the papers to your spouse.
  • If the sheriff cannot find your spouse, then you try to mail the papers to your spouse at the most recent address you have.
    • Your spouse must sign and return the form you send.
    • Certified mail alone is not enough.
  • If you can’t find your spouse, you can publish a notice in the newspaper.
    • This must be a legal notice in the newspaper.
  • You may need to ask the Court for permission to publish a notice in the newspaper.


How Much Does it Cost to Get a Divorce?

  • You must pay a fee to the Clerk of Court when the divorce Petition is filed. This fee is usually $265.
    You must pay a fee to the Sheriff if the Sheriff must give copies of the papers to your spouse. This fee is usually $40-50.
  • If you are unable to pay the fees, you apply to ask the Court to let you file without paying the fees first.
    • When you apply to file without paying the fees, you must provide information about your income and expenses.
  • The fee will still be charged to one of the parties at the end of the divorce.
  • Many lawyers want money before they will start a divorce for you.
  • Lawyers charge different fees from city to city, and in different law firms. Lawyers often want $500.00 or more to start a divorce.
  • When the parties cannot agree, a divorce costs more in lawyer’s fees.
  • A Court may ask one spouse who has more money to pay part or all of the fees. This may include some of the spouse’s fees.


How long does it take to be divorced?

  • You must wait for 90 days after your spouse gets copies of the papers.
  • After 90 days the Court may say you are divorced.
  • Sometimes in special cases the Court lets you be divorced sooner.
  • If there are problems to solve, it may take more than a year to be divorced.


What if there is domestic abuse?

  • You should talk to a lawyer if your spouse has abused you.
  • Call the Domestic Abuse Hotline at 1-800-942-0333 to find help.

(Domestic abuse information)


What if my spouse and I have children?

  • If you have children, the divorce process is more complicated.
  • You must take a class called, “Children in the Middle.”
  • You may need to make a parenting plan for you and your spouse to share time with the children.
  • You must make decisions about custody and child support.
  • For more information about custody and child support, click on the words below to go to that information.

(Custody information(Child Support information)


What if my spouse has a pension?

  • A pension earned during a marriage is a joint asset of the couple.
  • During a divorce, steps must be taken to divide a pension.
  • You can lose your right to the pension benefits if you do not divide it in the divorce.
  • Dividing a pension is hard. You should talk to an attorney about the pension.

(Pension information)


Can I get alimony?

  • Many times the court does not order alimony.
  • A court will look at all of the information to decide this.
  • The court will want to know:
    • how much each of them earn.
    • how long they were married.
    • about support of children.


What if my spouse and I disagree about bills or custody of the children while we wait for the divorce?

  • If you have problems with money or children, you ask the Court to help you.
  • You ask the Court for temporary orders for support or custody.
  • The temporary orders tell you and your spouse what to do while you wait to be divorced.


I can’t agree with my spouse, how do we solve the problems we have?

  • You should make a list of things you need to decide.
  • If you cannot agree on how to solve the problems, you may need to talk to an attorney.
    • An attorney can tell you about your rights
  • You may also want a mediator to help you. A mediator is someone who helps two people make an agreement.
  • Some Iowa courts may require you to go to a mediator.
  • If you do not agree, you may need a trial so you and your spouse can tell the Court what you want.
  • A judge is different from a mediator. A judge can tell you what you both must do.
    • What the judge orders may be different from what you or your spouse wants.
  • Your divorce will take longer if you have a trial.
  • It is better if you and your spouse can decide what you want.


What happens when the Court says my divorce is final?

  • When your divorce is done, the judge will write an order about your divorce. The order is called a decree.
  • The order:
    • Tells you and your spouse what you must do with your money, your debts and your property
    • Tells you and your spouse what you must do about your children.
  • You must do what the Court tells you to do in the order.
  • If you do not follow the order, the Court can make you pay money or go to jail.


What if I don’t agree with the divorce order?

  • You may appeal the order.
  • There are rules that you must follow to appeal the Court order.
  • You can also modify the order.
    • To modify the order you must file a “Petition to modify” the order.
    • To modify the order, something important must have changed after the divorce was final.

26 Questions to Ask Divorce Lawyers Before Hiring Your Attorney

Here’s why it’s important to do your research before handing over a retainer.

By 

Cathy Meyer

Updated on 09/21/23 03:33PM

Fact Checked By 

Cherisse Harris

Reading through the conditions before signing them
GETTY IMAGES

Getting a divorce is a huge (and often, scary) step, and how it’s handled can have a lasting impact on the rest of your life. No matter which side you’re on, however, it’s always wise to seek experienced legal representation prior to officially ending your marriage. But before you go ahead and research just any divorce attorney, hiring someone who can handle your situation is of the utmost importance when dealing with this personal situation.

More specifically, conducting a simple Google search for “divorce lawyers near me” isn’t always the best approach to finding an attorney to suit your specific needs. Instead, it’s recommended that you diligently search for—either online or through word of mouth—and interview a lawyer to see if they can handle your exact situation, whether that involves mediating custody disputes or division of property discussions.

 What to Do Before Filing for a Divorce

Need some additional pointers on how to find the right divorce attorney for you? Here’s a list of 26 questions to ask a lawyer before putting anyone on retainer.

01of 26

How many divorce cases have you handled?

Hiring a divorce attorney is kind of like choosing a doctor to perform surgery: You don’t want to hire someone who’s never done this before. And since getting a divorce is stressful enough, the last thing you want to deal with is checking your lawyer’s work to make sure they’re handling everything correctly. After all, you’re the client, and you’ll have other things to worry about like the emotional and logistical repercussions that come with the dissolution of a marriage.

02of 26

How many of your cases were you able to settle out of court?

Ideally, you want to keep your divorce out of the courts to avoid any added drama and a prolonged agreement. That’s why finding an attorney who has experience settling divorces out of court is something to keep top of mind.

03of 26

Do you practice collaborative divorce?

Similar to settling out of court, a collaborative divorce puts the “let’s fight!” mentality away so that you and your soon-to-be-ex can reach a reasonable agreement in a non-aggressive way. It’s a type of problem-solving technique that keeps the peace during a divorce, and can even allow you and your ex to end on friendly terms.

While keeping your divorce out of the courts may sound ideal, if your spouse is a bully or has a combative personality, settling matters in court is the best way to keep things from getting out of hand.

04of 26

Do you know my spouse?

If your lawyer is associated with your spouse, that could be a big problem regardless of how your attorney feels about him or her. “Generally speaking, most lawyers will not get involved in a divorce or prenup action if they are familiar with both parties,” shares Charlotte Christian, Esq., a celebrity divorce and family attorney and founder of The Law Offices of Charlotte Christian and Associates. And though Christian doesn’t recommend immediately writing off a lawyer for knowing your spouse, she does state that you should “seriously consider the depth of their relationship before utilizing their services.”

05of 26

Do you know my spouse’s attorney?

While this question isn’t as imperative to ask as many of the others, your attorney’s answer to this inquiry is still something to take into consideration. More specifically, if both attorneys were in one seminar together during their first year of law school, feel free to proceed with your lawyer. However, if they were roommates in law school, you might want to consider hiring someone else.

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Are you familiar with local family court judges?

Before you hire an attorney, you want to make sure they know your local judges’ reputations and the directions in which they tend to rule. For example, if the judge assigned to your case tends to be lenient with custody, and you’re seeking sole custody, you’ll want your lawyer to be aware of this so that they can plan a strong strategy.

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Do you believe it’s better to mediate and negotiate rather than go to trial?

The most important factor when it comes to hiring a divorce attorney is being on the same page with the way they handle their business. If you want to mediate and negotiate, but your lawyer is dead-set on going to trial, that disagreement could impact your case’s success.

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Do you have experience negotiating financial support or settlements?

Child or spousal support, large financial settlements, or business valuation are all bound to come up in any divorce case involving children or businesses. Thus, you want to make sure your lawyer knows what they are doing in these specific areas.

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Will you or another attorney from the firm be handling my case?

You’re likely hiring a specific attorney because you agree with their way of doing things. So, before you put them on retainer, make sure they’ll be with you from start to finish. The last thing you want is for your case to be handed off to other lawyers in the firm.

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Can I meet anyone else who will be involved in handling my case?

If your case is complicated and needs to be looked after and worked on by multiple people, make sure you get to meet everyone who will be involved throughout the process. Your future is in their hands, in a way, so being acquainted with the entire team is definitely essential.

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Are you available via phone or email?

Divorces are not a one-and-done type of situation, so if something urgent comes up and you don’t believe you can wait until your next scheduled appointment, you’ll want to know if you’re able to connect with your attorney on the phone or by email. What’s more, another question to ask is whether or not you’ll be billed for this communication.

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Do you have a heavy case load?

“Asking a lawyer about his/her caseload is not only appropriate, but is a necessary question. When you retain an attorney, make sure you have a clear understanding of how much time you can expect to be spent on your issues,” shares Christian. “Our firm intentionally keeps the attorney’s caseload smaller so we can provide more value and individual care to our clients. If you are one of 50, you have to know that there are very few hours that can be spent on your issue if 49 more people are requiring attention from the attorney.”

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Will I receive copies of documents filed with the court?

Make sure all communication with your spouse’s attorney and any other documents related to your case will end up in your hands if you need them. After all, it’s better to be overprepared than underprepared.

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Will I be kept informed of all developments in my case?

As the client, you can decide how involved you want to be when it comes to your divorce proceedings. Some people may wish to be informed of every single developing detail, while others prefer to be kept in the loop on only the bigger things. If you find yourself in the former category, make sure your lawyer will be available and willing to share information with you.

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Will you ask my opinion before planning a strategy?

Similar to being informed of any developments in your case, whether or not you want to be briefed on your lawyer’s strategy is completely up to you. Just be sure that you and your attorney are on the same page before you hand over the retainer.

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What are your personal feelings about joint custody versus sole custody?

Some people aren’t entirely sure how they feel about huge, life-impacting decisions—like joint versus sole custody of their children—so having an expert weigh-in can help them make a decision. Since your attorney has likely dealt with this situation on numerous occasions, they could impart some useful information on what goes into custody agreements and which type of arrangement may be best for you and your children.

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What is your retainer fee?

Your lawyer will probably volunteer this information without you having to ask because, of course, they want to be sure you can afford their services. However, just in case, get this question out of the way early on.

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What is your hourly billing rate?

Like tutors and therapists, most lawyers charge by the hour, so make sure you know what you’re getting into financially before signing anything. You may be able to comfortably pay for the retainer fee, but not the hourly rate, so make sure you ask for a total cost breakdown.

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Do any fees I pay include the services of any other associates?

If your primary lawyer isn’t the only attorney working on your case, you may also be paying for other associates’ time. While this is quite common, knowing what you’re paying for may ease your mind a bit.

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If my case goes to divorce court, will there be extra fees?

Every firm has different policies when it comes to going to court. With that in mind, it’s not uncommon for extra fees to be tacked on if your case does get placed in front of a judge—so be sure to ask if these fees will apply to you.

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Will I sign a contract outlining the fee arrangement?

A fee arrangement essentially means that your lawyer won’t start charging you for additional services once you hand over a retainer and sign a contract with them. While everyone has their own feelings about signing a fee arrangement contract, we tend to think it’s a good idea.

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Will I be sent itemized bills?

“At the beginning of your onboarding, make sure you have an understanding of what billing will look like. Your entire strategy should be delivered via your billing—meaning you should understand by viewing an invoice exactly what your legal team did that week for you to further your case,” advises Christian. “There should never be an invoice that says ‘Phone call’. The invoice should explain the phone call, why it was necessary, and what happened on the call. Do not wait until you receive an invoice to understand what the billing model will provide.”

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Will I be updated on how the retainer fee is used and when it is used up?

This is definitely something you should discuss with your lawyer before hiring them, since some attorneys look at a retainer like a deposit, while others will tack on another retainer if you use up all your fees before the case is closed. This doesn’t matter to some people, but if it does to you, be sure to bring it up early.

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Will you petition the court for my spouse to pay my attorney fees?

If you are financially dependent on your soon-to-be ex, you may want to consider finding a lawyer who will petition the court for your spouse to pay for their services. This essentially means you have a fair trial or collaborative divorce.

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How much do you charge for letters and phone calls to my spouse’s attorney or me?

An hourly rate is common among lawyers because you’re paying for their time, and some days may be exceedingly busier than others. That’s why it’s good to know whether or not you’ll be paying for everything your attorney is working on for you.

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Will there be other costs?

Hidden costs are truly the worst, so make sure to ask your lawyer about every possible fee you may incur, including court filing fees and process server fees. While some lawyers include these costs in their general fees, others ask you to pay them separately.

Guiding You Through Divorce In Iowa

Iowa is a “no fault” divorce state, which means spouses need not prove that the other spouse is at fault through infidelity or other faults. That doesn’t matter. In Iowa, you can get a divorce even if only one person wants it. At Foster Law Office, our Iowa City divorce attorneys will walk you through the process every step of the way. We can provide you with options and inform you about mandatory steps. For example, there is a mandatory 45-day parenting program that couples must complete if they have children.

As with other areas of law in which we practice, we follow a two-pronged approach:

  • Participate in the mediation process to find agreement and options.
  • Prepare for a court fight if necessary.

Spousal support or alimony is awarded in Iowa and will depend upon many factors such as the length of the marriage, employment history and future employment options.

The two main areas of contention in divorce are typically child custody and division of property.

Equitable Division Of Property In Iowa Divorce

During divorce, property will be divided equitably. Equitable is not the same as equal. For example, rather than selling the house and dividing the equity in half, one party may stay in the home to assume full ownership and the other party may accept more equity from retirement funds or other property. Equitable division considers the length of the marriage and the ability of either party to earn an income. The division of property also factors into any alimony or spousal support that one party may pay out to the other — and for how long.

Marital property includes debts as well as assets:

  • Main residence or home
  • Vacation homes or vacation property
  • Cash assets in bank accounts and stocks
  • All vehicles and boats
  • Collections (art or guns, for example)
  • Retirement assets such as 401(k)s, IRAs, TIAA CREF accounts and others
  • Credit card debt
  • Taxes due to the IRS, state or local government

Contested And Uncontested Divorces

Even though Iowa is a “no fault” divorce state, you can still have either a contested or uncontested divorce. An uncontested divorce would be one in which the parties agree on property division, child custody, spousal support and other details. If the couple cannot agree on all of the details during mediation, the divorce proceeds as a contested divorce and will be heard in court before a judge.

Your Advocate For All Divorce-Related Matters

Divorce is difficult, but our attorneys are here to help you get through it. To speak with a knowledgeable divorce lawyer in Iowa City, please call us at 319-383-0405 or contact us online.

5 Essential Tips On Your Path To Becoming A Lawyer

Lawyer signing documents

The road to becoming a lawyer is a long and difficult one, however, it is also an achievement that only the best talents can attain. The fact that you are even thinking about it shows that you have the determination and desire to succeed. Despite the difficulties, it is also a profession that will bring incredible job satisfaction and financial reward. If this sounds like your dream career path, here are five essential tips to reach your goals and become a lawyer. 

1. Shine During High School

Excelling during high school not only can put you ahead of your competition when it comes to applying for colleges, but it also puts you in the correct frame of mind to pursue a career in law. You are going to have to work hard, so start working hard early. Get involved in extracurricular activities and take part in other activities that involve debating and meeting people as your personal skills will be key once you leave college. 

2. Consider Participating In A Clerkship

A clerkship can give you the opportunity to work for a law firm over the summer or part-time. This will give you essential experience and law firms will look favourably upon this attribute on your résumé. There is also the possibility that the law firm that is providing you with the clerkship may take you on once you graduate from law school. If you are struggling financially and need extra funds to help you with living costs during an internship or clerkship, you can consider personal loans from private lenders. Doing so will keep you financially stable until you start to make money. 

3. Get Involved In College

Like with high school, you should be getting involved as much as possible while at college. If there are positions of responsibility available you should be applying for them. Take extra classes if you need them and try to foster good relationships with your professors, as it will be them who are writing your reference for law school. If you can find work experience, this will help you even more as it shows your willingness to put yourself out there and start learning early. 

4. Don’t Get In Trouble With The Law

It might seem obvious, but it is worth emphasising that you should not get in trouble with the law as it could prevent you from having a career in law. Bar Associations usually put candidates through a moral screening process and any involvement with the law will not look good. The number one rule of becoming a lawyer is to stay out of trouble.

5. Network

Your network can never be big enough, especially in an industry as competitive as law. Start networking early and never miss the opportunity to do so when you are at college or completing an internship or clerkship. The main importance of networking is your connections as they could provide you with opportunities that will completely change the course of your career. Networking works both ways and, to maintain your network, you will need to be prepared to help others when they are in need. A good network will also be able to provide you with advice and support during your journey.

8 Questions to Ask When Hiring a Criminal Defense Lawyer

If you have been charged with a crime, one of the most important things you can do is hire a qualified Los Angeles defense attorney. However, not all criminal defense lawyers are going to be of the same quality. In fact, there are many criminal defense attorneys who will gladly take your money, represent you in court, but know very little about your case and contact you infrequently.

That is not what you are looking for in a criminal defense lawyer. Instead of hanging your hopes on a lawyer that might not be able to get the job done, here are eight questions you can ask when hiring a criminal defense lawyer.

1) HOW LONG HAVE YOU PRACTICED LAW?

Experience matters, especially when it comes to criminal defense. The lawyer you hire should be a seasoned veteran with years of experience both in and out of the courtroom. While every lawyer has to start somewhere, it is best not to trust the complexities of your case to an attorney that is new to criminal defense.

2) WHAT IS YOUR AREA OF SPECIALITY?

It is very common for lawyers to build a practice for themselves where they specialize in one particular area of the law. For instance, some attorneys focus almost exclusively on federal defense matters, while others prefer to represent clients who have been accused of a drug crime.

There is a good chance that there is a lawyer in your area who specializes in the exact type of law related to your case. You can ask lawyers you are considering hiring what their area of specialty is. If it is not related to your case you should probably continue your search. In some cases, a lawyer you are interviewing might even be able to refer you to a lawyer that does specialize in the type of case you are dealing with.

3) HOW MUCH DO YOU CHARGE?

Before you hire a lawyer, you need to get an idea of how much they are going to charge for their services. The cost of a strong defense can vary widely depending on the case and the lawyer. In order to avoid being surprised by a higher than expected bill later on, talk with your lawyer right away about attorney’s fees.

4) HOW MANY TIMES HAVE YOU HANDLED A CASE LIKE MINE?

This question is related to experience and area of specialty and is another good way to gauge if a lawyer is going to be right for you. While every case can be different, there are often issues that pop up over and over again. After the lawyer has the details of your case, ask them how many times they have handled a case that is just like yours.

For instance, if you’re facing charges for a sex crime, you’ll want to help of an attorney who has experience defending clients against charges like yours. Knowing what they have seen before can give you an idea of what to expect.

5) BASED ON MY CHARGES, WHAT ARE THE POSSIBLE OUTCOMES OF MY CASE?

With any criminal defense case, there are a number of possible outcomes. In some cases and for a variety of reasons, the prosecution might choose to drop all charges. In other cases, a defense attorney can work out a plea agreement with the prosecutor. Finally, if the case does go to trial there is the possibility of a not guilty or guilty verdict. When hiring a lawyer, ask them what the possible outcomes are for your case and how likely each is to occur.

6) HOW LONG WILL MY CASE TAKE?

While you have a right to a speedy trial, the exact length your case will take to resolve itself depends on a number of factors. In some situations, plea offers or agreements are common and might only take a month or two to be finalized. On the other hand, felony cases that go to trial can take over a year to run their course and appeals could take even longer.

7) HOW OFTEN WILL WE COMMUNICATE?

Communication between a lawyer and their client is the key to any strong defense. Tell any lawyer you are considering hiring that you expect regular communication and that you want to be informed of any updates in your case.

8) WHO ELSE WILL BE WORKING ON MY CASE?

Any good defense lawyer has a strong team that works with them. Assistants, clerks, paralegals, other lawyers, and secretaries are all key components of a thriving legal infrastructure. Ask your lawyer if you can meet the other members of their team.

In some cases, they will be the people you communicate with as your case proceeds. However, your lawyer should never pass you along to others in their office and forget about your case. Make sure that even though they have a team they are still committed to you and your case.