Des Moines Divorce Lawyers
Accessible Iowa Divorce Attorneys That Pursue Your Goals
Divorce can be emotionally and financially devastating for you, your spouse, and especially for your children. Our Des Moines divorce attorneys can guide you through the legal process as smoothly as possible. We put you and your children's interests first, look for the most amicable solution possible and do everything we can to minimize your family's stress. However, if a peaceful settlement proves impossible, our trial attorneys are prepared to fight for you and your children in court to verdict.
Complete Divorce Services from Engaged & Determined Attorneys
Our Des Moines divorce lawyers and family law paralegals strive to provide skilled, aggressive, and cost-effective legal services. We understand that a great deal of your stress comes from not knowing what to expect from the divorce process, so we provide the information you need to maintain your peace of mind. From the moment you retain our services, we remain accessible with flexible office hours and 24-hour phone service so you can have your divorce questions answered as they arise.
Whether we pursue mediation to achieve an uncontested divorce or litigate contentious issues to uphold your parental and property rights, you can be confident that you're receiving quality representation for all your divorce concerns.
We can assist you with matters involving:
- Child custodyand support — The court makes decisions based on the best interests of the children. We present your case persuasively to protect your parental rights and the welfare of your children.
- Equitable distribution of property — The court is charged with identifying marital assets and debts and equitably dividing them. As your advocates, we assert your rights to retain your separate property and receive the share of marital assets to which you're entitled.
- Alimony — Spousal support is not automatic. The court considers many factors when deciding whether alimony is called for and in what amount. Our attorneys work diligently to persuade the court to weigh factors that favor your future financial security.
Your divorce does not have to be an agonizing process. With compassionate legal counsel, you can look forward with confidence and hope.
Am I Eligible to File for Divorce in Iowa?
Generally, there is a one-year residency requirement for filing for dissolution of marriage in Iowa. If you have been a resident in Iowa for at least one year but your spouse is not an Iowa resident, you can file for divorce in your county of residence. If you are not an Iowa resident, but your spouse is an Iowa resident, you can file for divorce in the county where the resident spouse resides if they are personally served. If both spouses are Iowa residents, then the petition for dissolution of marriage can be filed in the county where either spouse resides.
In Iowa, divorcees can choose to file for a no-fault or fault-based divorce. In a no-fault divorce, the parties simply state that the marriage is irretrievably broken. In a fault-based divorce, one party alleges that the other has engaged in behavior, such domestic violence, substance abuse, or adultery, that lead to the divorce.
When an individual files for a fault-based divorce, they must prove to the court that the other party is responsible for the fault they allege lead to the divorce.
If you and your spouse are eligible for divorce, the filing may just be the beginning of an impending legal battle in Iowa courts. Consult an experienced Des Moines divorce attorney as soon as you think divorce is on the horizon. With the proper planning and legal guidance, alimony payments and property distribution can be determined in the most favorable manner possible. To prevent venue shopping, Iowa law provides residency requirements for filing for divorce. Hope Law Firm can help you determine whether you are eligible for divorce and, if you are, walk you through the process.
Uncontested & Contested Divorce in Iowa
Whether you choose to file for a contested or uncontested divorce could largely dictate how your divorce proceeds.
To file for an uncontested divorce, both parties must agree on terms for the divorce and all divorce-related issues, such as property division, alimony, child custody, and child support.
If the parties disagree on any aspect of the divorce, they must instead file for a contested divorce.
In the divorce process, the party who files for divorce acts as the petitioner, while their spouse acts as the respondent.
The petitioner begins the divorce process by filing a petition with their county court. The petition for divorce includes information about the reason for the divorce, details about the marriage, and the petitioner's proposed terms for the divorce. The petitioner must also file a summons for the respondent and serve them with a notice of the divorce using a third party such as a law enforcement professional or a process server.
At this stage, whether the divorce is contested or uncontested changes how the divorce proceeds.
In an uncontested divorce, the parties may file a marital settlement agreement with the court. The parties can collaborate to draft and sign such an agreement, which details the terms of their divorce. After the parties file the agreement with the court, they must wait 90 days to receive a divorce decree from the court. If the court determines that the terms of the marital settlement agreement are equitable, it will use those terms in the divorce decree that finalizes the divorce.
In a contested divorce, the respondent can file a response with the court specifying their own terms for the divorce.
At this point, the court may order the parties to attend hearings and issue temporary orders. Temporary orders govern how parties handle processes such as child custody and property division while the divorce is ongoing.
A contested divorce can transition into an uncontested divorce if the parties can use a form of alternative dispute resolution (ADR) such as mediation or collaborative law to resolve their differences.
If the parties cannot agree on terms for their divorce, they can continue litigating their contested divorce. The court will hold a trial. At the trial, the parties have the opportunity to present evidence supporting their case, can call forth witnesses, and may cross-examine the other party.
After hearing cases from both parties, the judge will determine what would constitute equitable terms for the divorce. The court will then issue a divorce decree incorporating those terms.
Whether you wish to pursue a contested or uncontested divorce, having a Des Moines divorce lawyer you can trust by your side is vital. Our attorneys will work with you throughout the divorce process to ensure you find the best path forward in the dissolution of your marriage.
Contact Us Today
At Hope Law Firm, P.L.C., our experienced team understands the complexity of the divorce process. We can help you get the most favorable outcome in your difficult situation.
Thousands of cases successfully handled for our clients.
We take an aggressive approach & have a proven track record.
We treat you with compassion, honesty, dignity and respect.
Hope Law Firm is a phenomenal group and I would recommend to anyone!- Kristina H.
He was also very fair and flexible with his billing which I was beyond grateful for.- Tina W.
I was granted everything I hoped for with my case and custody.- Rebekah H.
They understood my emotions and my feelings.- Pamela H.
She worked in my best interest.- Samii N.