Best Divorce Lawyers in Des Moines, IA

FAQs

• What is the non-emergency contact number for the local police station in Des Moines, Iowa?

  For non-emergencies in Des Moines, call the police 24/7 at (515)-283-4811.

• Where can I get a copy of police reports for incidents related to my case in Des Moines, Iowa?

  You can obtain incident reports by making a request online (https://www.dsm.city) and mailing or submitting a completed application form to the Des Moines Police Department at 25 East 1st Street, Des Moines, Iowa 50309. The records section is in the lobby of the police station and is open daily from 7:00 a.m. to 7:00 p.m. It can be reached through the number (515) 283-4899.

• What are some difficulties that same-sex couples in Des Moines face when filing for divorce?

  Dividing the property is one of the difficulties that divorcing same-sex couples in Des Moines face. Couples may have issues determining which are marital property since they had already been living together for some time before being legally married in Iowa. Additionally, same-sex couples who are divorcing may face issues involving child custody in cases such as when a biological child from a spouse's previous marriage was not formally adopted by the other spouse.

• Can you talk to the judge about your divorce case in Des Moines without the presence of the opposing party?

  No. A judge is prohibited from discussing a divorce case with one party without the presence of the opposing party or their lawyers. You must file a request in court should you wish to provide the judge with more information about your case or if you want the judge to take some action about your divorce case in Des Moines.

• What are some important things to know about divorce in Des Moines?

  Divorce in Des Moines and anywhere in Iowa follows no-fault laws, which means a marriage can be dissolved when it has broken down to the point it cannot be resolved. It is not difficult to obtain a divorce in the state, but it takes some time so you must plan and make decisions before filing for one. You or your spouse must have been living in Iowa for a year in order to file for divorce in the state.

• Is alimony automatically given in a divorce in Des Moines?

  No. A spouse does not automatically get alimony during a divorce in Des Moines. The court has to determine if alimony is needed in a divorce case and then decide the amount based on factors used when dividing the property. These factors may include each spouse's age, the educational level of both spouses, earning capacity of the spouse seeking alimony, and the feasibility of the alimony-seeking spouse becoming self-supporting.

• Is a divorce case in Des Moines eligible for the Informal Family Law Trial program?

  Yes. Contested divorce cases for self-represented individuals in Des Moines are eligible under the Informal Family Law Trial program. A case has to be assessed during the pre-trial conference if it qualifies under the informal trial program. More information on the program can be obtained from the office of the District Court Administration in the Polk County Courthouse at 500 Mulberry St. in Des Moines. Call (515) 286-3198 to inquire about the program.

• What are the basic steps to filing for divorce?

  The steps required to file for divorce depend heavily on whether the divorce is contested, if there are minor children or property issues at stake, and if there are disagreements over child support or alimony. The process may also differ from state to state, but generally parties must:

  • File the divorce petition
  • Hire a process server to give the other party divorce papers/respond to the original petitioner's filing
  • Request temporary orders covering issues such as custody/visitation, support, and exclusive property use
  • Make financial disclosures
  • Request discovery from your spouse
  • Propose and/or consider a possible settlement
  • Go to trial if necessary
  • Receive a signed judgment from the court indicating the divorce is final
  • Address post-divorce tasks such as transferring property titles and closing joint bank accounts

• How much does it cost to get a divorce?

  The cost of a divorce differs dramatically based on a litany of criteria, such as whether the divorce is contested, where the divorce petition is filed, and whether the divorce requires a professional intermediary or other legal expert. A simple, low-frills DIY divorce can be as little as a few hundred dollars. Add in mediation and the cost may jump to the mid-four figures and can easily reach $7,000 or more. Hire a lawyer and you may pay anywhere from $10,000 to $100,000+ if there are major custodial issue or complex financial concerns.

• How much does a divorce lawyer cost?

  Most divorce lawyers charge by the hour and billing can vary dramatically. Some attorneys in more affordable markets and/or with less experience may charge as little as $75/hour. More experienced attorney or those who have large staffs, specialize in complex cases, or hold relevant certifications may charge premium rates in excess of $400/hour. Then there are the amount of hours invested; simple cases may be over in a matter of weeks while hotly contested divorces can drag on for years leading to lawyer's fees in the tens of thousands.

• How to choose a divorce lawyer/what to look for?

  Divorce lawyers are not one-size-fits-all. It's important to find a lawyer whose skill set, experience, and resources align with the demands of each specific situation. For instance, some attorneys will push mediation while others are naturals in the courtroom.

  • Know your budget
  • Limit your search to lawyers experienced in family law
  • Zero in on lawyers or firms that can handle the complexities of divorce, especially any issues that may be specific to the current case
  • Read reviews and ask friends for recommendations, but remember that their situations and needs may not be the same
  • Conduct interviews to see who feels trustworthy and can spell out an approach that feels appropriate
  • Try to ignore ad campaigns and office décor and instead consider track record and skills

• What is an uncontested divorce?

  An uncontested divorce is one in which both parties agree on the major issues, such as custody of any minor children, child support, alimony, and how to divide any assets and/or debt. While uncontested divorces still require a judge to approve the terms of the divorcing couple's signed agreement, these relatively simple splits tend to move faster, cost less money, and are easier to execute without the help of a divorce lawyer. A divorce filing that goes unanswered by the non-petitioning party may also be considered uncontested.

• Can you file for divorce without a lawyer?

  It's possible to file for divorce without a lawyer, especially if the divorce is uncontested. Many states offer free divorce forms either online or at legal self-help centers located in or near family court. There are often dispute resolution resources available as well; mediation services can help iron out disputes over custody or financial support without involving lawyers. Still, a free consultation with a divorce lawyer can offer valuable insight, and contentious divorces, whether they go to trial or not, all but require legal representation.

• How long does it take to get a divorce?

  The length of a divorce is contingent on four things: each state's mandatory waiting period, whether the divorce is uncontested or contested, how quickly both sides can come to an agreement, and how quickly a judge is able to hear or review the case and sign off. The best-case scenario is an uncontested divorce in a state with a short waiting period which could see a divorce finalized in a matter of weeks. For divorces with highly combative parties, long discovery periods, and other complications, a decision could take months or even years.

• How to prepare for divorce?

  It's difficult to ever feel truly prepared for the rigors of divorce, but there are several steps that can make the process more bearable and allow for a more positive outcome:

  • Interview attorneys
  • Locate and make copies of important documents like mortgage and car titles, insurance policies, business licenses, financial records, bank statements, and income tax returns
  • Take inventory of valuable household items that should be considered later while splitting assets
  • Make a detailed list of monthly expenses, including utilities, rent or mortgage, childcare, kids' activities like sports or dance classes, school tuition, and insurance
  • Know what the respondent's income is, including any income from self-employment, stock dividends, and interest
  • Double-check credit history and evaluate both short- and long-term earning potential
  • Set goals for ideal custody arrangement, support amounts, and living arrangements
  • Get support from friends and family

• What to do with an engagement ring after divorce?

  Most courts follow state laws that consider an engagement ring to be the recipient's property once a wedding takes place, which means it remains that recipient's individual property even after a divorce. Other states categorize engagement rings as marital property and as such the ring is subject to the same division of assets as a house or art collection might be. For spouses who get to keep their jewelry, engagement rings can be sold, dismantled and repurposed, returned to the original buyer, or kept and handed down to any children the marriage may have produced.

• What is divorce mediation?

  When divorces get heated or even just have the potential to become messy, a neutral third party can help calm both parties and resolve issues without the need for a trial. This is called mediation. A great mediator is unbiased and invested in a balanced, fair outcome; they will ideally listen to both parties, encourage respectful discussions, and raise questions or concerns when appropriate. Once an agreement is reached, the mediator will prepare documents detailing the agreed-upon terms. Using a mediator only works if both sides are willing to meet and discuss a compromise, but doing so can save a considerable amount of time, money, emotional strain, and overall stress.