Serving families throughout the Greater Des Moines area

515.200.7571

We Are Your FAMILY LAW Attorneys

Latest Blog Posts By Category

  • Adoption

    The latest posts for Adoption are listed below.
    • How to Pursue Foster Care Adoption in Iowa

      From Temporary Housing to Forever Home Becoming an adoptive parent is a rewarding experience for the parents and child alike. By adopting through foster care, you can help a child regain a sense of stability and permanence while providing them with the caring, attentive family that they’ve been lacking. What Is Foster Care? When a family fosters a child, they provide temporary care while a social ...
    • Do Birth Parents Need to Consent to the Adoption of Their Child?

      In many adoption cases, a child is adopted because the adoptive parents are determined as better caregivers than the birth parents. For a child to enter the adoption process, the birth parents must consent to their child being adopted and relinquish their parental rights. Through doing this, the birth parents acknowledge that they cannot care for the child in full capacity and want a more suitable ...
    • Creating a Special Valentine’s Day for Your Adopted Child

      Expanding your family through adoption is a wonderful way to not only brighten your life but brighten the life of a child in need of a home. If this Valentine’s Day is the first you will share with your adopted child, you may be looking to make it particularly special. Here are a few ways to create a holiday your child won’t soon forget! 1.Create New Traditions If your family has certain holiday ...

    Annulment

    The latest posts for Annulment are listed below.
    • Am I Able to Annul My Marriage?

      There are many ways to end a marriage. You can get divorced, file for separation, or have the marriage annulled. Each option has its benefits and drawbacks. None of these options are, however, equal in their outcomes. For instance, both a divorce and an annulment end a marriage, but a separation keeps the marriage legal and official. This fact raises a question: If you want to end your marriage, ...
    • Is it Difficult to Get an Annulment in Iowa?

      Is it Difficult to Get an Annulment in Iowa? Annulments are not as commonplace as you’d think, but that’s not because they are difficult to obtain as much as because they are specific in their usage. For those who qualify for an annulment, the process is not complicated. Once you’ve completed the petition and it’s verified that it meets the requirements and grounds for an annulment, a judge can ...
    • Marriage Annulment vs. Divorce

      When terminating a marriage, couples have two options: Divorce and annulment . Although the outcome of both of these legal motions is the uncoupling of a married pair, they are each appropriate in different situations and involve different processes. The main difference between annulment and divorce is that annulment acknowledges that the marriage was never valid, and must be terminated on the ...

    Articles

    The latest posts for Articles are listed below.
    • WHO GETS THE DOG IN IOWA DIVORCE?

      Iowa law treats dogs as personal property often leaving divorce litigants without judicial remedy November 5th, 2013 One of the most frequent inquries we receive has to do with who gets to keep the dog(s) or pet(s) in an Iowa divorce. While you may treat your dogs as children, the Iowa courts treat them as personal property. When faced with the issue the Iowa Court of Appeals stated, "[a] dog is ...
    • KANYE WEST AIN'T NO PUNK HOLLAS WE WANT PRENUP

      Kanye West and Kim Kardashian to enter prenuptial agreement October 31st, 2013 Kanye West once so elegantly stated , "If you ain't no punk, holla we want prenup." Well, Kanye, almost ten years later you get the chance to show the world you "ain't no punk." A prenuptial agreement is a legal contract that the husband and wife enter into before they get married that determines how much each party ...
    • IOWA COURT OF APPEALS ISSUES NEW DIVORCE RULINGS

      Iowa Court of Appeals Issues New Divorce Rulings August 21st, 2013 Iowa Court of Appeals Releases August 7, 2013 Rulings In Re the Marriage of Mulder The parties had two children, ages thirteen and fifteen. In addition they had considerable equity in their marital home. The court awarded the marital home to the mother, and ordered that she provide half of the net equity in the property to the ...

    Child Custody

    The latest posts for Child Custody are listed below.
    • Understanding How an Iowa Child Custody Judgement is Ordered

      Understanding How an Iowa Child Custody Judgement is Ordered Child custody can be one of the thornier issues in a divorce negotiation. When a couple splits and they have minor children, issues of visitation and custody will be primary. If couples can work together to reach an agreement without the need for intervention from the legal system, the process will move faster and come to an easier ...
    • What Should I Do If My Co-Parent Doesn't Want to Give Our Kids the Vaccine?

      The Covid vaccine is not as new as it was, but it’s reintroduced an old argument for many co-parents. Vaccinations aren’t yet mandatory for children, but many parents are hoping these medical therapies will be the solution to get their children’s school lives back to normal. Vaccination decisions have been a hot topic in our national conversation, but for many parents, it’s becoming an explosive ...
    • Is Your Co-Parent Sabotaging Your Parenting Plan?

      Co-parenting post-divorce is a tricky task. Parenting a child who splits his or her time between households can leave each parent feeling inadequate. Divorced couples have a difficult time co-parenting because the relationship with their ex isn’t the best foundation for creating a lasting agreement. Even if there is an agreed-upon parenting plan, your ex could be sabotaging your plan after an ...

    Child Support

    The latest posts for Child Support are listed below.
    • When Does Child Support End in Iowa?

      Although both parents are responsible for supporting their child(ren) after a divorce , the noncustodial parent is ordered to pay child support to the custodial parent in order to provide care, shelter, food, and other resources for each child. However, making these monthly payments for many years to come can be financially daunting, which is why parents going through divorce wonder when will ...
    • Divorce When You're the Financially Dependent Spouse

      When your marriage ends, it can be devastating. If you are financially dependent on your spouse and you’ve never had a job outside the home, it can financially devastating and frightening. You don’t have to be a stay-at-home spouse; you can also be the spouse who makes significantly less money. Regardless of the circumstance that make you financially dependent on your spouse, it can be scary when ...
    • What Can I Do If My Ex Stops Paying Child Support?

      If you are no longer with your child’s parent and you are the primary caregiver, you should also be receiving child support from your ex. Unfortunately, if your former spouse fails to comply with the court order, this can put you in a financial predicament. Before you take the matter to court, reach out to your former spouse to discuss the matter. You may be able to negotiate a temporary ...

    Divorce

    The latest posts for Divorce are listed below.
    • Can I Lose My Inheritance in a Divorce?

      Divorce is an incredibly stressful experience. On one hand, it can bring about severe emotional distress, leading people into deep mental health woes for which they need treatment. On another hand, it carries many practice concerns, often revolving around money and property. It’s often confusing, trying to decipher which property you can keep and which you will lose. Some property is very ...
    • Divorce Mediation vs Collaborative Divorce

      There are two main alternatives to a court-litigated divorce: divorce mediation and collaborative divorce . Both methods share the goal of keeping the divorcing couple out of the courtroom, which ultimately makes the divorce cheaper, faster, and mutually beneficial to both parties. However, there are many differences between mediation and collaborative divorce. The following is an overview of both ...
    • 5 Benefits of Divorce Mediation

      Most people believe divorce is a hotly contested legal battle that costs tens of thousands of dollars and takes years to finalize. However, many couples can resolve their differences through “divorce mediation” and avoid a heated dispute in court. Mediation involves a neutral third party—known as the “mediator”—who facilitates meetings between the couples to ensure they reach their own agreement. ...

    Domestic Violence

    The latest posts for Domestic Violence are listed below.
    • 3 Types of Domestic Violence Restraining Orders in IA

      In Iowa, domestic violence occurs when someone commits assault against another person whom he/she has a specific relationship with, such as a current or former spouse, a current or former romantic partner, an individual who shares a child with an abuser, or a family or household member. Common examples of domestic abuse include: Causing injury or pain Insulting or offensive touching Placing ...

    Family Law

    The latest posts for Family Law are listed below.
    • Your Guide to Taking a Grandparent Visitation Case to Court

      Securing Your Place in Your Grandchild’s Life Grandparents are some of many adults that children look up to for wisdom, love, and guidance as they grow. While their place is sometimes protected by a grandchild’s parents, drastic life changes – such as separation, divorce , or death of the parents – could threaten a grandparent’s place in their grandchild’s life. Luckily, should this ever happen, ...
    • What You Should Consider When Appointing a Guardian

      Guardianship is a difficult but necessary decision for parents to make. Life’s unpredictability could drastically change a family overnight. Be prepared for such an emergency by ensuring your children will be cared for by people you trust in the event that something happens to you. Consider these points when deciding who to appoint. Your Relationship with the Prospective Guardian Guardians are ...
    • Co-Parenting Amidst the COVID-19 Pandemic

      If you are a separated or divorced parent, you are likely already acutely familiar with the challenges of co-parenting with your ex. However, now that we are in the middle of a pandemic, raising children with your former spouse may be considerably more difficult and your children are likely picking up on the increased tension and anxiety in your family. Although everyone’s schedules may have ...

    Fathers' Rights

    The latest posts for Fathers' Rights are listed below.
    • Establishing Paternity: How to Lawfully Substantiate Fatherhood

      In the state of Iowa, when a married couple has a child, the husband is automatically presumed to be the father. His name will go on the birth certificate and no further action is needed from the couple. Unfortunately, there are no automatic protections in place for the fathers of a children born out of wedlock. Unwed partners need to take additional steps to ensure the father has legal rights to ...
    • What Rights Does an Unmarried Father Have?

      In the 21st Century, it is not unusual for unmarried parents to have children. Perhaps these parents are divorced or have no intention of marrying because they are children of divorce. The reasons for having children out of wedlock vary and are very personal, but regardless of the reasons for having children outside of the institution of marriage, it’s frequency has raised issues in the family ...
    • Iowa Fathers Fight for 50/50 Parenting Rights Bill

      50 50 Parenting Plan Determining child custody is one of the most contentious aspects of the divorce process. When parents can’t establish a parenting plan on their own, they can turn to the court for guidance. However, Iowa courts tend to pick one parent to be the primary custodian, which isn’t always in the child’s best interest. The purpose of a comprehensive parenting plan is to guarantee that ...

    International Family Law

    The latest posts for International Family Law are listed below.
    • Where Do I File For Divorce If I Got Married Abroad?

      With the popularity of reality shows like 90 Day Fiancé, more and more Americans have friends and family who have international marriages. Foreign marriages also apply to your destination marriages. Regardless of why you happened to be married outside the country, your marriage is valid in two places. According to Iowa code 595.20 : A marriage that is solemnized in any other state, territory, ...
    • How to Get Your Child's Passport if You Are a Single Parent

      As of 2001, the United States government requires both parent’s signatures on their child’s passport applications. This rule applies to new passports for children under the age of 14; before this rule, it was possible for only one parent to complete a passport application for their child. If you are a single parent, it is still possible for you to obtain a passport for your child. However, the ...

    Paternity Actions

    The latest posts for Paternity Actions are listed below.
    • Establishing Paternity: How to Lawfully Substantiate Fatherhood

      In the state of Iowa, when a married couple has a child, the husband is automatically presumed to be the father. His name will go on the birth certificate and no further action is needed from the couple. Unfortunately, there are no automatic protections in place for the fathers of a children born out of wedlock. Unwed partners need to take additional steps to ensure the father has legal rights to ...
    • What Rights Does an Unmarried Father Have?

      In the 21st Century, it is not unusual for unmarried parents to have children. Perhaps these parents are divorced or have no intention of marrying because they are children of divorce. The reasons for having children out of wedlock vary and are very personal, but regardless of the reasons for having children outside of the institution of marriage, it’s frequency has raised issues in the family ...

    Prenuptial

    The latest posts for Prenuptial are listed below.
    • How Can I Avoid a Challenge to My Prenuptial Agreement?

      Prenuptial agreements are not always enforceable, but that doesn’t mean you should enter into an agreement assuming you can break it. While a prenup can be strong and well-drafted, it doesn’t mean that it can’t be challenged in court. The law is straightforward regarding prenuptial agreements. The law is written to protect both spouses, and if a prenuptial agreement is determined by a judge to be ...
    • Can My Prenup Be Thrown Out?

      Each state treats prenuptial agreements differently, so before you start, find a legal representative who can help you determine what would be best in your situation. If you live in Iowa, your prenuptial agreement will be viewed by a judge in the state who will review the laws of the state as a guide. Conversations of prenuptial agreements and discussions about what happens in a divorce were once ...
    • The Importance of Proposing a Prenup if You've been Divorced

      Second and any subsequent marriages can sometimes bring special issues that aren’t relevant to first marriages. Merging two independent families with children or with family assets, it can make a prenup non-negotiable. Children from a previous marriage, regardless of age, demand legal protections if any assets are planned to be passed to them upon the death of their biological parent. It should be ...

    Protective Orders

    The latest posts for Protective Orders are listed below.
    • 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, ...

    Spousal Support

    The latest posts for Spousal Support are listed below.
    • Will Cheating Impact My Alimony Request?

      Once a divorce is on the table, it’s not uncommon for emotions to run high and to the left. Marriage is a legally binding contract, but it’s also about love and emotion. It’s difficult for many couples to get through the rational and cerebral part of the divorce because the emotional part becomes all-consuming. No one gets married planning for their divorce, and yet, divorce happens often. When a ...
    • How is Alimony Determined in Iowa?

      Alimony, also referred to as spousal support or maintenance, provides individual financial support during separation and divorce. The support comes from the higher-earning spouse in the relationship. The court orders alimony to be paid using a court order, which makes the debt a legal obligation. When a party fails to comply with a court-ordered support award, they face garnishment, tax refund ...
    • Divorce When You're the Financially Dependent Spouse

      When your marriage ends, it can be devastating. If you are financially dependent on your spouse and you’ve never had a job outside the home, it can financially devastating and frightening. You don’t have to be a stay-at-home spouse; you can also be the spouse who makes significantly less money. Regardless of the circumstance that make you financially dependent on your spouse, it can be scary when ...
Page 0 of ∞

Contact The Law Offices of Mark R. Hinshaw, PLC

  • Please enter your name.
  • This isn't a valid email address.
  • This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.