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Blog Posts in 2018

  • What Is a Divorce by Default?

    Filing for divorce can be an emotionally complicated experience for both the petitioner and the respondent. Even spouses who agree about filing for divorce may struggle with the overall emotional, legal, and financial reality. In less fortunate circumstances, petitioners may encounter hostility or resistance from spouses who refuse to accept or respond to the divorce paperwork. Without legal ...
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  • Child Custody: Determining the Best Interests of the Child

    When child custody and child support decisions are being negotiated, the court often makes its final determinations based on a child’s “best interests.” In the context of family law, this means that any decisions relating to custody, visitation, and financial support payments are made with the intention of benefitting the child first and foremost. Even if parents agree on a custody arrangement out ...
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  • Can I Violate My Own Protective Order?

    In Iowa, protective orders are issued to protect victims of violence, stalking, and domestic abuse . Every protective order includes conditions that prevent physical, sexual, and emotional violence. Petitioners and abusers are equally responsible for respecting the boundaries initiated by this court order. It’s a crime in almost every state for an abuser to violate a protective order. Iowa, ...
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  • Will a Collaborative Divorce Benefit My Children?

    To children, divorce is the end of the world. This may seem dramatic, but there is no denying that divorce changes a child’s life irrevocably. While a divorce may benefit your family in the long run, it’s important to remember what an emotionally complicated experience it can be for your child. If you have an amicable or courteous relationship with your spouse, you may want to consider a ...
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  • How To Protect the Farm in an Iowa Divorce

    Going through a divorce is difficult no matter how you look at it, but if you own a farm, the divorce process could present additional challenges and concerns. In Iowa, several families own farms either for their own personal benefit or as a way to earn a living. Typically, both spouses contribute to the family farm in one way or another, which is why it can be so hard to figure out what to do ...
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  • Do I Need an Attorney for an Adoption?

    Adoption cases can be complex, whether you’re planning on adopting from a private party or an agency. When it comes to expanding your family and adding a new little one to your home, it’s important that you make sure everything is as it should be throughout each step of the adoption process. Any missteps could lead to legal complications and delays, which could jeopardize your adoption. Plus, ...
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  • Calculating Alimony Payments in Iowa

    When you and your spouse decide to go your separate ways, finding a way to move forward financially can be extremely difficult, especially if your incomes differ significantly. One of the best ways to help compensate for such a gap in earnings after your divorce is for the higher earning spouse to compensate the other by means of alimony payments. Following a divorce or legal separation, either ...
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  • When Can I Seek a Child Custody Modification?

    Most child custody arrangements aren’t built to last, and if you’ve reached a point where your parenting plan no longer works for your family, you need to understand how to seek a modification. Whether you’ve relocated, are working new hours, or your child’s medical needs have changed, it’s understandable that these life changes might affect your custody arrangement. However, the way in which you ...
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  • What Are the Penalties for Hiding Assets in a Divorce?

    When you file for divorce, one of the first big tasks you’ll need to tackle is the financial affidavit. The financial affidavit is a legal document that each spouse presents to the court before they begin their divorce. This document is legally binding, and, whether you file for a contested or uncontested divorce, it must be presented in full with no financial documents or assets omitted. If you ...
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  • What Factors Influence Child Custody?

    Whether you are going through a divorce, legal separation, or another type of split from your child’s other parent, dealing with the issue of child custody can be tricky. Parents are typically encouraged to try to find a solution amongst themselves, without the interference of the court system, and sometimes this works. However, if the parents are unable to come to an agreement on their own, they ...
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  • How Do I Tell People I Am Getting Divorced?

    One of the most challenging aspects of divorce is how it affects your entire social life. Many people in your social circle will need to be notified of your divorce and this announcement will need to come from you and your ex, as opposed to elsewhere. Telling people you are getting divorced can be incredibly difficult to overcome, as it stands to only make the situation more real. It will also be ...
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  • Does Infidelity Affect Divorce in Iowa?

    Many marriages end as a result of infidelity on either party’s side--sometimes even both. Infidelity makes the divorce process often more complicated and contentious, but many people fail to realize it has no real legal bearing on divorce, at least in the state of Iowa. While the state of a marriage is forever altered when one party is discovered to have cheated or consistently be cheating, the ...
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  • How Do I Protect My Rights as a Father?

    Whether you are going through a divorce or are an unmarried father, your parental rights are still important and should be respected. Unfortunately, it can be a challenge for fathers to receive the appropriate recognition in their child’s life and may find themselves fighting to protect their rights. As Des Moines family law attorneys, we understand the difficulties you may be facing, and we can ...
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  • Preparing for Divorce: What You Can Expect

    Coming to the decision to divorce is emotionally challenging. The road ahead to a finalized divorce can be just as difficult if you do not know what to expect. In order to make things easier and perhaps less intimidating for our potential clients, our Des Moines divorce lawyers of The Law Offices of Mark. R. Hinshaw have prepared a quick rundown of Iowa divorce procedures you are going to want to ...
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  • Uncontested Divorce vs. Contested Divorce

    Divorce can be settled in one of two ways: either contested or uncontested. Contested divorce is often a more popular journey for most couples to take, as those divorcing are rarely able to agree on the issues in their marriage. This means important issues such as child custody, child support, visitation, property division, the allocation of debts, and more are at the mercy of the courts, in which ...
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