It is a serious and significant choice to get a divorce, but it is, unfortunately, the first of many stressful and serious choices that have to be made. The process of getting a divorce is much easier with the support of a Des Moines, IA, divorce attorney. Some people attempt to save costs by not hiring an attorney, only to deal with lengthy proceedings and financial consequences that an attorney could have avoided.
It’s important to understand the ways that an attorney can support you in a divorce case, including:
1. Explaining Your Legal Rights and Providing Advice
Divorce attorneys have years of experience in the legal intricacies of divorces in Iowa. They understand the laws for divorce and what applies to your unique divorce case. This information can be critical throughout the divorce process and can ensure you and your spouse are creating a legally valid separation agreement if the divorce is out of court.
Professional and objective advice based on this legal knowledge can also be incredibly helpful during the emotional and strenuous time of a divorce. There are numerous crucial choices that have to be made, and an attorney can provide you with the information you need to make these choices that can affect your family’s future.
2. Creating a Fair Agreement and Protecting Your Rights
Whether your divorce is handled in or out of court, you have certain rights that need to be protected. An attorney can help you defend those rights, including your right to a fair property settlement and the right to have custody of your children.
If you and your spouse are negotiating a separation agreement outside of court, it is especially important that someone is looking out for your rights. A spouse may take advantage of the out-of-court process, or you or your spouse may simply make mistakes while creating the agreement. An attorney can prevent this and look out for your interests.
3. Meeting the Legal Requirements and Navigating the Court
Your attorney can also ensure that legal deadlines are met, paperwork is correctly filed, and the steps of the legal process are done properly. Divorce attorneys have handled these situations before and have navigated divorce court before.
This experience can make it much easier for you to navigate the process and can prevent minor errors. These errors can sometimes set back divorce proceedings or even require you and your spouse to restart the process of negotiating a separation agreement.
4. Dealing With Your Unique Divorce
There are many potential ways that you can resolve your divorce, including through litigation, alternative dispute resolutions, and divorce mediation. An attorney can look over the specifics of your situation to determine what is the ideal solution. In-court divorces are more costly but may be necessary to protect your rights or your safety.
There are also many unique issues that may show up in your divorce. You may have unique financial assets that complicate property division. Divorce attorneys often have resources like financial professionals to help settle complex assets. Attorney resources can also help with other unexpected circumstances in your divorce, such as high-net-worth divorce support determinations, hidden assets, or if an uncontested divorce becomes contested.
These are issues that can significantly lengthen your divorce process without an attorney, but an attorney may be able to resolve it more efficiently.
5. Improving Communication and Negotiations
The support of a divorce attorney can make for easier communication and definition with your spouse, especially if you are getting a divorce out of court. Divorce is emotionally strenuous, regardless of whether you and your spouse are working together or are contentious.
Having an attorney by your side can make negotiations go more smoothly, help you remain more business-like in communications with your spouse, and act as a mediator for the two of you.
FAQs
Q: What Is a Wife Entitled to in a Divorce in Iowa?
A: Both spouses in Iowa are entitled to the same things in a divorce, including:
- An equitable share of marital assets.
- The right to request alimony support payments.
- The right to request custody and visitation of children.
- The right to provide or receive child support.
Whether a spouse receives alimony or custody will depend on the discretion of the court, what the court deems to be fair, and the interests of the children. Spouses can also reach agreements outside of court, and the court will approve the agreement if it is fair.
Q: How Is Money Split in a Divorce in Iowa?
A: In a divorce in Iowa, money and assets are split based on equitable distribution laws. Iowa considers marital assets to be all assets both parties own, regardless of when the asset was obtained.
If a couple cannot agree on how to split this property, then the court will do it for them. The court will look over information like what assets each party brought to the marriage, the duration of the marriage, and the age and health of each spouse. Based on these factors, the court will decide what a fair and just split of marital assets is.
Q: Does It Matter Who Files for Divorce First in Iowa?
A: There is no legal benefit to filing for divorce first in Iowa because there are no fault-based grounds for divorce that you can file on, and the court does not give preference to the petitioner or respondent. The petitioner does pay the filing fee, can choose the court to file in, and often presents their case to the court first. Because of these factors, there may be strategic reasons to file first or to be the respondent.
Q: What Does the Average Divorce Cost in Iowa?
A: There is no way to know what your divorce will cost based on the average divorce cost in Iowa. You should consider factors such as filing fees, court costs, and attorney costs. Court costs can be limited by using alternative dispute resolution to negotiate your divorce, limiting the amount of time you spend in court.
It can be tempting to lower the costs of divorce by forgoing a lawyer, but a skilled divorce lawyer can make the process go faster, protect your financial interests, and save you money in the long term.
Navigating a Divorce in Des Moines
The support of a skilled attorney can give you confidence and emotional support during an incredibly difficult time in your life. Contact Stange Law Firm today to learn how we can help your divorce be resolved more easily.
