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Recent Posts in Divorce Category

  • 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 ...
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  • What to Do if Your Spouse is Sabotaging Your Divorce

    If you’ve filed for divorce and your partner feels caught off guard, you could find your divorce is taking longer than you expect as they drag their feet. It’s easy for emotions to take over, and before you know it, your divorce has gotten out of control. Because divorce is an emotional process, human feelings have to be taken into account when filing orders, negotiating, and creating agreements ...
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  • 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 ...
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  • 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 ...
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  • Equitable Property Division and What it Means for Your Iowa Divorce

    Custody agreements, property division, and the allocation of debts and assets are stressful periods of any divorce proceeding. Working with your attorney to be prepared is a must. Iowa, unlike other states, practices an equitable property division policy. This means that marital property will not be divided 50/50, but in a fair way that considers all parties. All property acquired during the ...
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  • How Can I Get a Divorce if My Spouse is Contesting It?

    Getting a divorce from a spouse who wants to remain married or causes delays out of spite can leave you exhausted and ready to throw in the towel. Once you’ve reached the end of the long road of divorce, you may find your uncooperative spouse still wants to debate finalized details and rehash old arguments as a last-ditch effort to stop the divorce. Couples who agree to their marriage's ...
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  • 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, ...
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  • Adultery in Iowa: Does Cheating Affect Alimony?

    Marriage and divorce issues are difficult to maneuver because they are not often governed by reason but by emotion. When you enter into a marriage, it’s reasonable to expect the best possible outcome – happily ever after. However, bad things happen, and in marriage, divorce is often the final result when you can’t make a marriage work any longer. When a couple divorces, they split their assets, ...
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  • How Long Do I Need to Pay Alimony for?

    Understanding Your Financial Obligation to Your Ex Iowa typically treats spousal support as a rehabilitative tool for spouses who earn significantly less than their partners. By awarding alimony, courts give these spouses with lower earning potential a chance to stay afloat while getting the education or training necessary to become self-sufficient. The duration of this financial award will vary ...
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  • Wasteful Dissipation in a Divorce

    Wasteful dissipation can have a profound impact on a divorce. If your spouse failed to protect certain marital assets or wasted marital assets in anticipation of the divorce, these acts may be considered wasteful dissipation. That said, such cases can be challenging to prove in court, so it is essential to hire an experienced attorney to handle your case. Continue reading to learn more about ...
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  • The Challenges of a High Asset Divorce

    Every divorce presents unique challenges, but for those with substantial assets, the obstacles are often greater and far more complex. To ensure you receive your rightful share of marital property and assets, it is crucial to hire an attorney with extensive experience in handling such cases, so you can avoid making costly mistakes that may impact your future for years to come. Why Are High Net ...
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  • 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 ...
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  • The Importance of Creating Consistent Routines for Your Kids After Divorce

    After a divorce, life can feel uncertain and unpredictable for your children, resulting in anxiety and stress. To ease their apprehensions in the aftermath of your split, it is crucial to create a set of consistent rules and routines across both households to make visitation less jarring. Fostering stability in their lives will help them feel safe, secure, and instill healthy habits. To get ...
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  • What Should I Include in My Prenuptial Agreement?

    If you are planning to get married and agreed to create a prenuptial agreement with your fiancé, you might have some questions about what to include in this essential legal document. After all, your prenuptial agreement will only be as effective as you make it. Continue reading to find out what you should consider including in your prenuptial agreement. Creating an Effective Prenuptial Agreement ...
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  • Coronavirus - Iowa Divorce Updates

    The Iowa Judicial Branch and Governor Reynolds have implemented several new guidelines governing court timelines, procedures and notarization requirements for Iowa divorce cases. Iowa Divorce Trials and Hearings Currently all civil bench trials and other hearings set to commence before May 4 shall be either continued to a date no earlier than May 4 or conducted by telephone, at the discretion of ...
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  • The Benefits of a Collaborative Divorce

    If you and your spouse are planning to get divorced, you may be wondering if your only option is to go through the litigation process. There are actually many ways to dissolve a marriage that will not land the two of you in court before a judge. One such method is known as collaborative divorce. If you have children, staying out of court and avoiding an inherently hostile process may be ...
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  • Should I Get a Prenup?

    A prenuptial agreement is a contract that two soon-to-be spouses sign before getting married. The contract generally contains information about how the couple’s shared property and debts will be divided in the event of a divorce . Though pop culture has made the prenup out to be something only for the very wealthy, prenuptial agreements can benefit people from all walks of life and with all ...
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  • Child Custody for Military Parents

    How Military Service Affects Custody Arrangements If you’re in the midst of a divorce , you might be wondering how your military status will affect child custody arrangements. Though you may be deployed or relocated in the future, you are still entitled to the same custody rights as the child’s civilian parent. The Department of Defense’s USA4 Military Families Initiative is in place to ensure ...
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  • 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 ...
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  • How Does Remarriage Affect Spousal Support?

    Spousal support, also referred to as alimony, is the financial payments one spouse makes to the other either during or after a divorce. The court can award a few different types of alimony depending on your situation. These are: periodic: paid until the death of the payor or the receiver passes or remarries; reimbursement: repayment to a spouse who helped with their partner’s educational expenses; ...
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  • What Is an Uncontested Divorce?

    An uncontested divorce is one in which both parties agree on all issues. There is no expedited process for uncontested divorce, but it will generally move through the court system more quickly than if the parties do not agree on the issues. Uncontested Divorce Eligibility Couples with no disagreements are generally the people who file for an uncontested divorce. Common issues couples need to agree ...
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  • Is It Challenging for a Same-Sex Couple to Divorce?

    Since 2009, the Iowa Supreme Court has legally recognized same-sex marriage. As such, it also allows same-sex divorce, even if the couple was married in a different state. The same rules and requirements apply to homosexual and heterosexual divorce. Requirements to File Divorce Before a couple can file for divorce in Iowa, they must meet certain prerequisites, as listed below: Proving your ...
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  • How Does Military Divorce Differ from Civilian Divorce?

    Service members have rights and obligations that differ from civilians. For this reason, there are several elements the military influences when one or both parties are servicemembers going through divorce. These elements include: where the divorce can be filed; how child or spousal support is calculated; child custody; child visitation; and the Servicemembers Civil Relief Act (SCRA). ...
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  • Who Gets the Farm After Divorce?

    Farming is not only a career; it is a lifestyle. If you and your spouse put a lot of time and money into maintaining your farm and later decide to part ways, dividing your property could get messy. If a prenuptial agreement has been established, the division of property (including the farm) won’t be an issue. However, if a couple forgets to draw up a prenuptial agreement or doesn’t think they need ...
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  • Issues Regarding the Enforcement of Premarital Agreements in Iowa

    What Is a Premarital Agreement? A premarital agreement is a contract that prospective newlyweds enter into before they get married. Also known as a “prenuptial agreement” or “prenup,” premarital agreements let couples figure out issues such as the disposition of marital property during marriage and when the marriage ends due to the death of a spouse or divorce . However, premarital agreements can ...
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