Des Moines Divorce Attorney

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. Our lawyers 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 a verdict for you and your children in court. 

Call Hope Law Firm today at (515) 298-5056 or contact us online to schedule a meeting with our divorce attorney in Des Moines!

Our Des Moines divorce lawyers and family law paralegals strive to provide skilled, aggressive, cost-effective legal services. We understand that much 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 custody and support — The court makes decisions based on the children's best interests. We present your family law 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 diligently persuade the court to weigh factors that favor your future financial security.
• Prenuptial and Postnuptial Agreements: Drafting, reviewing, or challenging pre- and postnuptial agreements requires legal expertise. Our lawyers assist in creating fair agreements or contesting them if they're unfair or invalid.
• Mediation and Alternative Dispute Resolution: We offer mediation and alternative dispute resolution services to help divorcing couples reach agreements outside of court, reducing conflict and expenses.
• Post-Divorce Modifications: Circumstances might change post-divorce, requiring agreements to be modified. We assist clients in petitioning for modifications related to child custody, support, or other terms of the divorce decree.
• Domestic Violence or Abuse Issues: In cases involving domestic violence or abuse, our lawyers help clients obtain protective orders and ensure their safety. We advocate for our clients and assist in navigating legal proceedings to protect them from harm.

Your divorce does not have to be an agonizing process. With compassionate legal counsel, you can look forward with confidence and hope.

What is Divorce?

Divorce is the legal procedure that officially terminates a marriage, dissolving the legal bond between two spouses. In Iowa, this process is referred to as the "dissolution of marriage" and includes resolving critical issues such as division of assets, child custody, child support, and alimony. When one or both partners seek a divorce, they aim to separate and move forward with independent lives legally. Depending on whether both parties agree to the terms, the divorce can be classified as either contested or uncontested. In both scenarios, court involvement is necessary to finalize the separation and address essential family matters.

Divorce Process in Iowa

The divorce process in Iowa is initiated when one spouse, known as the petitioner, files a petition for the dissolution of marriage. The other spouse, the respondent, is then served with divorce papers. Iowa operates under a "no-fault" divorce system, meaning neither spouse has to prove fault or misconduct—simply stating that the marriage is irretrievably broken is sufficient grounds.

Once the petition is filed, the couple must work through issues like property division, child custody, spousal support, etc. If both parties agree on these matters, they may submit a marital settlement agreement, which can help streamline the process. However, if disagreements persist, the court may issue temporary orders and schedule hearings to resolve the disputes. After all issues are addressed, the court will issue a divorce decree, officially ending the marriage.

Understanding Iowa's Residency Requirements and Divorce Filing Options

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, the petition for dissolution of marriage can be filed in the county where either spouse resides.

In Iowa, divorcees can 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 as domestic violence, substance abuse, or adultery, that led 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 led 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 family law attorney when you think divorce is imminent. With the proper planning and legal guidance, alimony payments and property distribution can be determined in the most favorable manner possible. Iowa law provides residency requirements for filing for divorce to prevent venue shopping. Hope Law Firm can help you determine whether you are eligible for divorce and, if you are, walk you through the process.