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Recent Posts in Divorce Category

  • 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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  • What to Do After a Divorce

    You’ve done it--you survived what everyone said was the hardest part of their life, and you have now officially been granted your divorce . You no longer have to associate yourself with your ex-spouse if you don’t want to, and the expensive and emotionally draining process is finally over. Though it may feel like an enormous relief that you want to celebrate, it is essential you don’t forget to ...
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  • Co-Parenting Tips for Divorced Couples

    Very few things are quite as difficult as struggling to co-parent with your ex-spouse, as there is obviously a reason why the two of you chose to end your marriage. Whether there is a vast difference in parenting styles, or you cannot simply get along with each other, co-parenting will be a challenge until your children are old enough to take care of themselves, and even then you will still have ...
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  • How Are Retirement Accounts Divided in an Iowa Divorce?

    Finances are one of the most contentious aspects of divorce, as each party believes he or she is entitled to a specific amount of assets. Very rarely does the divorcing couple completely agree on what each person should have, and this is even truer for retirement accounts. If you are getting a divorce in the state of Iowa, your retirement account and pensions are liable to be divided with your ...
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  • Online Dating Websites Becoming More Common in Divorce Evidence

    With the advent of technologies such as social media and the Internet, divorce has changed considerably, as have dating and relationships. Many people who are in the midst of a divorce don’t know how else to get back into the dating pool, as they may feel hesitant to put themselves in social situations they’re not used to. As a result, many people are turning to dating websites as a way to still ...
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  • Tips on Planning Child Custody during the Summer Months

    Children are always excited for the summer. School is out, they have the freedom to play from dusk until dawn, and they usually go on some kind of vacation with their family. However, after a divorce , the summer can become quite a complicated ordeal for ex-spouses to find agreement upon. Oftentimes, divorced parents who have limited custody during the school months hope to see their children for ...
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  • Why You Should Stay off Social Media during Your Divorce

    As everyone knows, divorce can be an incredibly difficult time. This emotionally draining transition is made no easier with the advent of social media, as it is a staple in our everyday lives. In this day and age, divorce is made even more complicated with the fact that people are able to keep up with the ex-spouses lives through platforms such as Facebook, Instagram, and Twitter. Though social ...
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  • Is Your Spouse Hiding Assets? Here Are Some Signs

    Did you know that three in ten adults with shared finances have hidden assets or purchases from their partner? According to several studies, approximately 7.2 million Americans have hidden a bank or credit card account from their live-in spouse or partner. So when it comes to divorce , there may be a discrepancy during the financial disclosure part of the proceeding. There are many cases where a ...
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  • Divorcing After 50? Tips for Gray Divorces

    “Gray divorce” is defined as divorce among older couples, typically over 50 years of age and have been married for several decades. It is a relatively recent trend caused by various factors, such as the increase life expectancy, a growth in financial independence among older women, and the changing cultural norms. There are many unique issues which couples involved in gray divorces must address. ...
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