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Recent Posts in Divorce Category

  • 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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  • 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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  • Helpful Tips to Survive the Workday During a Divorce

    Divorce is an inherently emotional process. After all, the end of a marriage is a pretty big deal and, no matter how necessary it is, both parties are bound to feel a vast range of emotions, some of which might even be a little disruptive. Trying to cope with your divorce while you are work might even impact your productivity level and, while your boss might be a little understanding at this time, ...
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  • 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 ...
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  • 2 Misconceptions About Common Law Marriage

    Iowa is one of the few states in the country that still recognizes common law marriage. However, there are many misconceptions about this practice. For example, many couples believe they have the same rights, obligations, and responsibilities as a married couple just because they’ve lived together for seven years. In reality, there are no strict rules or guidelines when it comes to establishing a ...
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  • Marital Abandonment & Your Divorce Case

    Abandonment Laws in Iowa The divorce process can be a complicated and overwhelming experience even when both spouses are present and accounted for. But what happens when one spouse completely severs ties with the family and runs away to parts unknown? This leaves the other spouse responsible for countless financial and marital obligations. Fortunately, you can still get divorced in Iowa even if ...
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  • Divorce & Your Cemetery Plots

    In recent years, there has been a significant shift in how Americans conceptualize death and divorce. Instead of overlooking these uncomfortable topics, people of all ages and cultures are embracing the reality that relationships and financial circumstances inevitably change over time. This isn’t pessimism, but an acknowledgement that while it’s impossible to predict the future, you can still ...
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  • Child Custody FAQs

    Every client that walks through our doors has unique personal circumstances and legal goals they want to achieve. Even so, there is one subject that can turn any divorce case into a drawn-out, costly, and high-conflict affair: child custody. Many divorcing parents turn to us because they have countless questions and concerns about the legalities and regulations surrounding child custody ...
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  • Managing the Emotional Trials of Visitation

    Part of your post-divorce life is learning how to share custody with your former spouse. While it’s difficult to watch your children drive away with your ex, you need to learn how to rationalize, accept, and proactively manage your visitation blues. Your Feelings Are Normal Sometimes “out of sight” does not mean “out of mind.” It’s normal to feel a little lost when your children are spending time ...
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  • 3 Gift-Giving Tips for Divorced Parents

    The winter season plays host to numerous cultural and religious holidays that celebrate the concepts of “family” and “togetherness.” Many recently divorced parents paste on bright smiles, whip out their credit cards, and struggle to make this season a special experience for their children. What they don’t realize is that their children can’t wait for December to be over. The Gift-Giving ...
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  • Wasteful Dissipation: Avoiding Emotional Spending During Your Divorce

    People intentionally and subconsciously discover unique ways to deal with the emotional and social impact of divorce. For example, some individuals become devoted to their careers while others aggressively spend time with family and friends. The ultimate goal is to establish a sense of stability by seeking and enjoying positive distractions. However, this impulse can become dangerous to your ...
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  • Preventing Visitation Obstacles

    Once a divorce is finalized, former spouses are finally able to start forging the next chapter of their lives. However, not all ties are severed once this legal process is complete. Former spouses often have to construct their new lives while still co-parenting with their exes. This can be a difficult relationship to navigate, especially if the marriage or divorce was particularly contentious. ...
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  • Understanding Student Loans & the Debt Distribution Process

    Nearly 45 million people in America are frantically struggling to pay off their student loan debts. Statistically, this means that at least 24% of the country is currently participating in a college debt repayment plan. With citizens collectively owing over $1.5 trillion, it’s no wonder that many desperate people just give up and allow these debts to default. But what happens to a spouse’s student ...
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  • Finalizing Your Divorce? Who Gets the Timeshare?

    The best part of the vacation experience is escaping the stress and trials of everyday life. Many married couples fall in love with this feeling and make the emotional and impulsive decision to purchase a timeshare. After all, why not make a vacation paradise your actual home away from home? A timeshare is a property that is owned by multiple parties who get to utilize it on scheduled weeks ...
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  • What Are Temporary Child Custody Orders?

    During the divorce process, parents need to work together to establish an equitable child custody agreement that reflects the best interests of their child. If they can’t come to a unanimous agreement, it’s the court’s responsibility to establish a fair and comprehensive parenting plan on their behalf. But child custody determinations are only one part of a larger marital settlement agreement that ...
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  • Why You Shouldn’t Stay Together for the Kids

    Filing for divorce is a big decision that no couple chances lightly. After all, for better and worse, the transition from marriage to singlehood ultimately affects every aspect of a person’s life. Divorce, in and of itself, can also be a complicated and stressful experience. Spouses need to hire attorneys and negotiate debt allocation, asset division, and child custody; they may even need to go to ...
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  • 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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