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Recent Posts in Divorce Category

  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • Life After Divorce

    The lead-up to divorce is often one of the most discussed parts of family law, in both the legal and public sense. The overall process is very heavily deliberated as well, though people very rarely discuss the aftermath of divorce as often as they should. This is unfortunate, as life after divorce is often incomparably difficult compared to anything you may have endured before. The question is, ...
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  • Are Same-Sex Divorce Proceedings Different?

    Same-sex marriage rights are a victory for countless couples across the nation, as they have been since the year 2009. Because the legalization of same-sex marriage is less than 10 years old, many LGBTQ couples wonder whether their rights are the same across the board. Unfortunately, divorce does not discriminate--nearly 50% of marriages end in divorce. In the event of a divorce, same-sex couples ...
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  • Who Gets to Keep the Pets in a Divorce?

    Children aren’t the only ones who can get caught up in a divorced couple’s custody dispute. In fact, fights over who will get to keep the family pets can be equally contentious. Research has shown that roughly 50% of marriages end in divorce and that 62% of American homes have at least one pet in them. It’s easy to see that many of these divorced couples are likely to own a pet. But what happens ...
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  • Service Member Divorce: What You Need to Know

    When a service member gets divorced , unique issues arise that would not occur during a civilian divorce . This is why it is important to understand the complexities of a military divorce. The more you know, the more smoothly your divorce will go. Below, we explain how military divorce is different from a traditional divorce. Does it Matter What State I File for Divorce In? Typically, the person ...
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  • What Happens to Debt After Divorce?

    One of the parts of the divorce process that can take a long time to resolve is property division . Most people think of property division as the “who gets what” portion of the divorce process; however, not many people realize both assets and debts are divided between the spouses in a divorce. A married couple can accrue a lot of debt during the course of the marriage, particularly if one spouse ...
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  • Should I Keep or Sell the Family Home in a Divorce?

    Deciding what to do with the family home during a divorce can become an emotionally-charged power struggle and a continuing source of conflicts and negotiations between all parties involved. There are a wide variety of factors that couples must consider before making a final decision. The following are several options on dividing the family home in a divorce: Sell it immediately . If you and your ...
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  • 4 Tips to Protect Your Retirement When Divorcing

    Iowa considers retirement accounts and pensions to be marital property, making them subject to property division by the court in a divorce . In each case, Iowa courts determine how the pension needs to be divided and how the amount awarded should be paid. All marital property must be divided “equitably,” which means the court will divide the property fairly but not necessarily equally. The court ...
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