Law is a broad and diverse field with many different specializations. One such specialization is criminal defense. Criminal defense lawyers represent and defend individuals accused of committing a crime. Criminal defense lawyers employ various strategies to ensure the best possible outcome for their clients. Some of the most common strategies are outlined below.
1. Investigation
To build a strong defense, criminal defense attorneys in Palm Beach must thoroughly investigate the facts and circumstances surrounding their client’s case. This may include interviewing witnesses, reviewing police reports, and analyzing evidence.
For investigations to be effective, lawyers must have a strong understanding of the law and its application to their client’s cases.
2. Plea Bargaining
In many cases, criminal defense attorneys in Palm Beach can negotiate a plea bargain with prosecutors. A plea bargain is an agreement between the prosecutor and the defendant in which the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.
Plea bargaining can be an effective strategy because it allows the defendant to avoid the risk of a trial and the possibility of a more severe sentence.
3. Police Interrogation
If a client is accused of a crime, the police will likely want to question them. Police interrogations can be stressful and intimidating. However, a criminal attorney lawyer in West Palm Beach must be present during these questioning sessions to protect their clients’ rights.
During interrogation, the police may trick the suspect into confessing to a crime. They may also use scare tactics or threats to get the suspect to talk. The criminal defense lawyer’s job is to make sure that their client does not say anything that could be used against them in court.
4. Reasonable Doubt
For a defendant to be found guilty of a crime, the prosecution must prove their guilt beyond a reasonable doubt. This is a high burden of proof and often requires the prosecution to present substantial evidence.
If the prosecution’s case is not strong enough to meet this burden of proof, the defendant may be found not guilty. This is why it is so important for criminal attorney lawyer in West Palm Beach to carefully review the evidence against their clients and look for any holes in the prosecution’s case.
5. False Confession
One of the most common strategies used by a Palm Beach criminal attorney is to challenge a confession given by their client. In some cases, defendants may confess to a crime they did not commit. This can happen for various reasons, including duress, coercion, or intoxication. If a confession is false, it can often be the key to winning a case.
6. Unreliable Eyewitness Testimony
Eyewitness testimony can be very persuasive to a jury. However, it can also be very unreliable. Stress, lighting, and distance can all impact what a witness remembers. A Palm Beach criminal attorney may try to discredit eyewitness testimony by pointing out how unreliable it can be.
Paralegals working alongside attorneys in the courtroom is becoming the new normal. As the go-to person for seemingly countless duties, paralegals oversee many aspects of going to trial. Here some key paralegals skills for thriving in court:
Make a good first impression. For starters, first impressions are lasting impressions. Everyone will have their eyes on you in one way or another. A paralegal should act calm and confident in dealing with the trial attorneys, your support team, courtroom personnel and members of the opposing team throughout the trial process. Always speak clearly and confidently. Never shy away, be unpleasant, or recoil when addressed.
Get to know the key players. Using your paralegal skills to thrive in court means knowing the court procedures and employees. Be sure to politely introduce yourself to the security guard, courtroom bailiff, and court clerk and hand them your business card and let them know you are available for anything they might need. Ask if they have any special procedures during trial and be sure and ask when you can obtain a copy of the jury list and how they will seat the jurors for jury selection. You will also want to become familiar with the courtroom layout before a trial, which means contacting the courtroom clerk to visit the courtroom before the trial to examine the courtroom layout and test your equipment. During your visit, draw a diagram of the courtroom, marking the jury box, counsel tables, electrical plugs, lighting, best places to set easels, electronic equipment, and the likely placement of your trial boxes, etc.
Arrive early. On the morning of trial, plan on arriving at the courthouse early, so you can test your equipment (again) and get your trial setup organized. Having a good setup will allow you to easily access items you want to keep with you at all times, like your admitted exhibits folders, notes, exhibit lists, exhibits to be introduced, subpoena file, deposition summaries, etc. Resolve all the issues of moving, positioning and displaying exhibits and the visual aids before the trial starts. The worst time to realize your trial setup is not user friendly is under the watchful eyes of the judge and jurors, and opposing counsel poised and ready to pounce at the slightest indiscretion.
Prepare thoroughly. Determine in advance which exhibits will be offered and through which witness. This way you can pull the exhibits in advance and have them ready for the attorney when, and if, needed. There will always be that time during trial when you will be asked to find something on the spur of the moment. The best preparation in times like these is knowing where everything is and having everything clearly labeled.
Project a calm and collected demeanor—no matter what.Never let anyone see you sweat. Maintain your composure while your mind frantically searches for the document. Take a deep breath, stay calm and search methodically until you locate the document. If you are unsure, calmly ask the attorney to describe in more detail what you need to find. What may seem like an eternity is really only a few moments. Keep track of the exhibits and documents pulled by the attorneys. When they are through with them, put them away where they belong, not just setting them anywhere. A disorganized area is a stressful area and it will make an impression on the jury.
Familiarize yourself with the judge’s preferences. Judges have a certain set of written and unwritten rules they follow in their courtrooms. Some judges have inflexible rules you violate at your own peril, while other judges operate in a lenient manner; some are testy; others very patient. The judge’s clerk will know the judge best and will be a good resource.
Obtain a copy of the jury list as soon as possible. It is usually provided to the attorneys by the bailiff or the judge’s clerk. Fill in the names of the potential jurors and other important information from the jury list on a chart for the attorney and as well for yourself. Prepare the seating chart to reflect the courtroom when possible. Choose different ink colors for plaintiff and defense portions of voir dire. This way, you can which side supplied which information at a glance. Leave a dedicated space at the bottom of the chart for exact quotations that can be vital to getting or defending a cause challenge.
Keep a seating chart of the jurors and document relevant information. Paralegals are also tasked with observing all the jurors’ reactions to the questioning and noting each juror’s answers to the attorney’s questions. This will help you and the attorney identify which jurors you are talking about when the attorney goes back to select the peremptory challenges. Although the judge ultimately determines whether a particular juror should be stricken for cause, attorneys play a crucial role in the decision-making process. The removal of potential jurors because of prejudice or bias reasons, whether inferred or actual, may be identified through a paralegal’s note taking that otherwise might have been overlooked by an overwhelmed attorney. By use of good note taking, the paralegal can gather information that can be used for removing bad .
Paralegals bring many skills with them into the courtroom and contribute immense value to the legal team’s ability to achieve the best outcome for clients. If you would like to work with a team of highly skilled paralegals and attorneys, contact us today for a free consultation.
Choosing your profession can feel like one of the most crucial decisions you will make.
It’s understandable to second-guess yourself. Shows like Better Call Saul, Law and Order and How to Get Away with Murder all feature dynamic law firms and may have piqued your interest in the world of legal professionals.
But is that interest enough to fuel a career? Look closely at any of those TV shows involving a law office or law firms, and you’ll notice some background characters who are doing a lot of the work: paralegals and legal assistants.
Take a moment to learn some of the gritty details of working as a paralegal or legal assistant—from the mouths of paralegals and the lawyers who hire them.
Use this expert insight to help you conduct legal research and make an informed decision, and you may end up in a legal profession, working for a law firm to move the levers of power.
What does a paralegal do? [the basics]
Basically, they work with a legal team to keep things organized and running smoothly as their attorneys represent clients.
A paralegal’s day could include conducting legal research, drafting legal documents, and doing important legwork. They track down answers, contact outside organizations, schedule conversations with clients and more.
According to the Bureau of Labor Statistics (BLS), paralegals support the legal system by assisting attorneys, organizing case files and legal documents, preparing trial notes, performing legal research, preparing legal briefs and sometimes conducting client and witness interviews.1
A typical paralegal or legal assistant is usually required to:
Collaborate with other legal professionals at private law firms and government agencies
Conduct client interviews to gather essential information
Review legal material and share insights with attorneys
Draft legal documents for administrative hearings and court proceedings
Keep clients informed on case progress and field their questions
Draft settlement agreements and other legal documents
Draft letters and memos to communicate with opposing counsel
Conduct legal research to help attorneys gather pertinent information and stay updated on relevant laws and regulations
Coordinate with government agencies to obtain necessary permits, licenses, and other required documentation
Schedule meetings, court dates, and appointments, keeping attorneys and clients informed of important dates and deadlines
The above list is just a snapshot; paralegals and legal assistants – depending on the law firms that work with – often have other specific tasks. For example, paralegals in corporate legal departments might help draft a company policy for sick leave.
Or if you work in family law, you might establish communications with your local department of human services or help clients navigate the legal process to file for divorce.
What does a paralegal really do? [beyond the job description]
If you’re still interested in paralegal studies, you should know those basic job tasks can look way different from workplace to workplace. There are so many types of paralegals and types of law to consider. And ultimately, law firms rely on paralegals in different ways as well—depending on where they have needs and gaps in expertise.
Get a better picture of what paralegals do by hearing from paralegals and attorneys themselves.
As a paralegal, you need to…
1. Be good at learning
“Most paralegal jobs require paralegals to work on contracts, real estate, civil lawsuits and other legal needs,” says Kirk Olson, attorney and instructor at Rasmussen University.
“One case may require multiple areas of law. For instance, a divorce often requires a paralegal to obtain and review real estate, pension, insurance, business and estate planning documents, not just child custody studies.” Whatever students take on in their paralegal education programs, there will always be so much more to learn.
On top of that, the law changes constantly. Anyone who wants to practice law needs to be adaptable enough to learn and change with it.
2. Keep track of every little detail
“There is no room for error in tracking deadlines and working with court scheduling,” says Kevin Queenan of The Queenan Law Firm, P.C. “Mentoring legal assistants, I hear the same issue every time: I did not know you meant that detail oriented!”
The legal field is famously a stickler for the rules–this is where those rules are made! You have to dot every “i” and cross every “t”.
Miniscule mistakes can have big consequences in the legal world, according to Queenan. Having a bad day won’t cut it as an excuse if your mistake costs the firm a case, or worse, accusations of malpractice.
Beyond that, paralegals and legal assistants who take initiative to follow up on research ideas can be worth their weight in gold to law firms. “We are suing a major manufacturer, and my legal assistant found several articles that were helpful to our lack of warning claims,” Queenan says. “The information was free!”
3. Enjoy variety—or enjoy repetition
Paralegals and legal assistants can take jobs in corporate legal departments with varied daily tasks and experiences if that is what they are looking for.
“In a general civil practice… the legal assistant may be answering discovery [requests] one day and driving out to meet a new client the next day,” Queenan says.
Paralegals working in smaller law firms might take on a broader range of tasks to keep things running smoothly—which means every day might look different than the last.
But some paralegal roles are way more repetitive.
“For those who like more structure or repetition, there are law practices involving cookie-cutter lawsuits and issues,” Queenan says, explaining that in some places, you might draft the same kind of legal document over and over.
“I talked to a legal assistant yesterday, and her last position involved filing 1,000 credit card lawsuits per month,” Queenan explains. If you like stable, predictable work, there are certainly legal roles that fit the bill.
4. Have strong moral fiber
You might picture working in an office full of driven individuals who want to help their clients fix injustices. But unfortunately, it isn’t always like that.
“Not all attorneys are nice, and not all attorneys are ethical,” says Rasmussen University Justice Studies instructor Julia Gordon. “Be aware of your ethical rules and guidelines.”
Paralegals might find themselves in situations that distress their conscience. You have to have a strong backbone to be able to stick to your principles, even if that means conflict with your law firm or your attorney. “Never compromise your integrity,” Gordon says. “Nothing is worth losing your self-respect over.”
5. Stay professional under pressure
Every branch of law is different. But some environments can definitely come with high tension and high emotional stakes for clients and even their attorneys.
Paralegals who work in community legal service programs, for example, might see a fair share of cases where clients deal with heartbreaking odds and the legal team professionals are there out of genuine passion for the community.
Paralegals working in immigration law might communicate with clients whose homes and ability to be with their families are on the line. Paralegals in family law might work with clients arguing over child custody. And of course, in criminal law, you might also work on cases where someone’s literal life hangs in the balance.
Communicating clearly and professionally, even if a client is panicking or reacting with anger, is extremely important. “You have your clients’ lives in your hands,” Gordon says. “Treat the position with the highest reverence.”
6. Catch errors and manage processes
“Lawyers hire paralegals because a good paralegal will find flaws in documents and assist with billing and other detailed functions that keep a law office working,” Olson says. “A good paralegal is a ‘deadline cop’ who keeps the law firm on track.”
“Finding and warning of a deadline that others missed may prevent a loss of a client’s case and may save a $10,000 deductible in a lawyer’s malpractice claim,” Olson says.
All that detail-checking includes spelling and grammar. Olson says paralegals and legal assistants often correct citation mistakes, grammar errors and other inaccuracies.
When you start working for an employer, Olson suggests asking for examples of finished case files to see samples of what completed and professional work looks like for that firm. “And be assertive. If something does not look right, insist that it be explained or fixed.”
7. Develop fluency with computers and new software
Most of the research and writing paralegals do will take place on a computer. Proficiency with computer programs is important, as well as the ability to learn and navigate new systems.
“A person considering becoming a legal assistant should take the highest level of available training on Word®, WordPerfect® and Westlaw®,” Queenan says. “A technologically proficient paralegal will wow their lawyers more often and command a higher salary and raises.”
Paralegals and legal assistants have options for getting started
One positive for prospective paralegals is that there’s no “one true path” to working in this field. While some states may require professional certification, there’s a variety of educational paths you can take to finding paralegal work. It is important to check the education and work experience requirements required by the state and employer you hope to work for.
Divorce can be a complicated and emotionally charged process, and many people find themselves wondering whether they need to hire a divorce attorney to help them navigate it. If you’re considering a divorce or have already made the decision to file, it’s important to understand what a divorce attorney does and how they can help you achieve your desired outcome. In this article, we’ll explore the responsibilities of a divorce attorney and the benefits of hiring one, providing you a clearer understanding of what a divorce attorney can do for you and why they’re an important resource during the divorce process.
What is a Divorce Attorney?
A divorce attorney is a licensed legal professional who represents clients that are going through or will go through the divorce process in the court system. Divorce attorneys are knowledgeable about family law, divorce procedures, and the legal process of dissolving a marriage. They can provide guidance, support, and legal representation before, during, and after the divorce process.
Why Would Someone Hire a Divorce Attorney?
There are several reasons why someone might choose to hire a divorce attorney. Here are a few of the benefits of hiring a divorce attorney:
Legal expertise: Divorce attorneys are knowledgeable about family law and divorce procedures, and they can help clients navigate the legal system and achieve their desired outcome.
Emotional support: Divorce can be a difficult and emotional process. Though they are not a replacement for friends, family, and/or professional mental health services, divorce attorneys can provide support and guidance to help clients through this challenging time.
Advocacy: Divorce attorneys provide clients with someone who will advocate for their position and rights during the divorce process.
Objectivity: Divorce attorneys can provide an objective perspective on the situation and help clients make informed decisions about their case.
How Does the Divorce Process Work?
The divorce process can vary depending on the specific situation and location. However, here is a general overview of the divorce process:
Filing for divorce: One spouse files a divorce petition with the court.
Serving papers: The other spouse is served with the divorce papers.
Negotiating settlements: The spouses negotiate the terms of the divorce settlement.
Finalizing the settlement: The settlement is finalized and signed by both parties.
Going to trial (if necessary): If the divorce is contested and all issues cannot be resolved at mediation, the case may go to trial.
The above is an extremely generalized and limited example of a divorce proceeding.
Common Issues in Divorce Proceedings
One of the most common issues that arise during divorce proceedings is the division of assets. This can include property, investments, and other assets that were acquired during the marriage. Depending on the state where the divorce is taking place, assets may be divided equally or equitably, which means that they may not necessarily be divided 50/50. Alimony or spousal support may also be a contentious issue, especially if one spouse earns significantly more than the other. Child custody and support can also be a major source of conflict during divorce proceedings. Divorcing parents that want to settle their case without going through the rigors of a trial will need to work with their attorneys to develop a parenting plan that outlines custody arrangements, parenting time, and support payments. These issues can be emotionally charged and complex, which is why it’s important to work with an experienced divorce attorney who can guide you through the process and protect your interests.
At Hope Law Firm, we have strong Des Moines family law and divorce lawyers who work tirelessly to get the most favorable outcome for you. Our staff is courteous, professional, and very sensitive to the private nature of your family law matters. It is our mission to have cases resolved as quickly and discretely as possible so you can put this chapter behind you and move forward with your life. Our divorce attorneys in Des Moines have litigated over 1,000 divorce and child custody cases for clients across the state of Iowa, especially Polk County and the surrounding area.
Our Des Moines divorce lawyers cover all areas of family law, including alimony, child support, child custody, divorce, paternity, and legal separation. We are confident in our ability to push for our client’s best interests and obtain the results they were hoping for. Our Des Moines family law and divorce attorneys have a proven track record of results, both in negotiations and trial.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
There must be an agreement that the people are married.
The couple must live together continuously as spouses.
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:
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.
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
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:
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
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.
