Iowa Divorce Legal Questions

Unfortunately, the court does not have the jurisdiction or ability to modify a divorce decree's provisions about division of property (money).  If there were never any QDROs filed (to split the retirement funds), then they will not be split and you will be paid all of your retirement.  If the decree reads that you each owe the other some amount, you could file satisfactions of judgment to resolve that issue.     Donna Miller http://donnamiller-law.com/... Read Answer

You will need to serve your spouse with the Original Notice, Petition, and Family Law Case Requirements order.  The sheriff can do the service, or you can have your spouse sign a document confirming that he/she received the documents.     We do offer a flat rate for uncontested divorces without children for $1,200.   Donna Miller https://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

You would need to challenge the default decree that orders you to sign the quit claim deed.  Your ability to do this would depend on how long it has been since the default/decree was entered and whether you have a good basis to set it aside.  You should contact an attorney to see if you have any basis to set aside the default decree.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

If your ex is not following the divorce decree, you can file for contempt in court and ask the court to order her to put you back on.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

If she has not complied with the agreement/court order, you can file in court to ask that she be ordered to comply.  As I do not know all of the facts, I cannot tell you what the outcome would be of your request to the court.     Donna Miller 515-245-4300 dmiller@grefesidney.com  ... Read Answer

We offer a flat-fee divorce for $1,500 plus court costs if you and your husband agree on all terms.     If that is too much, there are forms you can use to do it yourself:  https://www.iowacourts.gov/for-the-public/court-forms/   Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

I am not a criminal attorney, but I assume she could report him to the police regarding the credit card and it would be up to them and the county attorney whether to charge him or not.  I would assume in that it was 3 years ago and it was paid off, that they would decline to press charges.   It might be relevant in the divorce case, but unless there is other, similar conduct by him, I do not think it would be a significant factor in the divorce.   Property is divided "equitably" in a divorce.  The growth of thier assets during the marriage would be devided.  So, the starting point is when they got married, not when they began living together.  I would need to know more information regarding the pre-marital assets to be able to fully advise regarding what a judge might do.     Donna Miller 515-245-4300 https://www.grefesidney.com/our-team/donna-miller/... Read Answer

Technically, you should have had an Satisfaction of Judgment signed and filed at the time you made the payment to alert the court that you had complied with the order.  But, her remedy is to file a motion with the court.  I doubt a judge is going to make you pay an additional $1,500 if you testify that you paid it and she waited 14 years to try to collect (which supports your position that you did make the payment).     If she does file a motion, give me a call and we can help you resolve it.  In the meantime, I would not make a voluntary payment.  If you decide to, make sure you get her to sign a Satisfaction.    Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

You should ask that the court reconsider its ruling on the motion to continue.  Did you reist the motion to move the hearing? If not, you are probably stuck.  If so, ask the court to reconsider and set an earlier hearing date and explain your need for emergency relief.     Donna Miller Grefe & Sidney, PLC 515-245-4300... Read Answer

Unfortunately, the court cannot modify a property settlement.  If you do not pay, your ex-spouse has the right to seek contempt against you in court.  S/he would have to show that you intentionally are not paying.  If you have a good excuse, the court might find that your non-payment is not intentional.  But, if s/he shows that you are spending money on other debt/things that are not ciritical, it might be found to be intentional.     The punishment for contempt can be time in jail, though generally a judge would not order that for your first contempt.  But, if you continue not to pay, and the judge beleives you have the ability to do so, jail time is a possibility.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

I am sorry that you are experiencing abuse.    You do not need a reason to get divorced in Iowa, so the abuse would not be needed to show a basis for divorce.  If you have children, your husband's abuse would be relevant to child custody.   You can also get a protective order if you fear for your safety.  The forms are available at the clerk's office.     Donna Miller  515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

Iowa has an electronic filing system, so all filings are technically on-line.     This is the website:  https://www.iowacourts.state.ia.us/Efile/notify?pageAction=ViewCases You may want to research filings and forms here:  https://www.iowacourts.gov/for-the-public/court-forms/ You may also want to consult with an attorney.  Most will offer a no/minimal fee for the first 30 minutes.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

Unfortunately, there is no average cost for divorce because the fee will be based on the time necessary for your particular case.  If you and your wife agree on all/most issues, and it is pretty straightforward, I would estimate up to $5,000.  If you do not agree, and it takes longer to work out the terms, then it would cost more.     If you would like to discuss your case, please let me know.  Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

If all of your paperwork is done, then you don't need to pay for a mediation.  You just need someone to look over the paperwork to make sure it is correct, sign, and the other attorney can file.   One option is to request that your ex agree to pay for an attorney to review (that would be cheaper than a mediation).   To meet with you and look over the paperwork, depending on the time it takes, I would estimate $300-$500.    Donna Milller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

This law firm charges based on income and they do a good job:  https://www.communitylawyersofiowa.com/   Or, try Legal Aid or Polk County Bar Association (if you are in Polk County).    Donna Milller    http://www.grefesidney.com/our-team/donna-miller/ 515-245-4300... Read Answer

Have you lived in Iowa for the last year?  If so, you can file in Iowa.  If not, you may need to file in your last state of residence or wait until you have been here a year to file.  Or, if your husband agrees that Iowa is Ok, you can do it here.     If you both agree to the terms of the divorce, it can be a simple process and I offer a flat rate fee.  If you have children and/or there will be disputes, it can be more complicated.   Most attorneys will provide a 30-minute consult for free to discuss your options.  You can find answers to questions on my website:  http://www.grefesidney.com/practice-areas/family-law/  You can also find forms at https://www.iowacourts.gov/for-the-public/representing-yourself/ Let me know if you would like to discuss.       Donna Miller  515-245-4300... Read Answer

Debra,    When you say you need someone to represent you in court, does that mean you anticipate going to trial on your case?  Or have you not filed yet and just need someone to get the paperwork processed?  Do you and your husband agree on all of the terms of your divorce and/or custody if you have children?     These are the issues that will help me determine how much work it will take to assist you.    Donna Miller 515-245-4300... Read Answer

I am sorry to hear that you are in such a difficult situation.  If you are the primary caregiver for the children, you might be able to file for divorce and seek a temporary order that would allow you to stay in the house with the children and have your husband continue to support you and the children financially.  Cases like yours are complex, and to provide any further advise would require a conversation about all of the circumstances of your case.  I encourage you to talk to an attorney who can discuss your options.  Do not lose hope - there are options for you!   Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

How the house is handled is based on a number of factors.  You identify two of them -- your inheritance of the property and improvements you have made to it during the marriage.  The other important factors are the total amount of property (including financial accounts) that is available to divide in the divorce and the length of your marriage.  If there is sufficient property, you would be able to keep the house. But, if there is not, and you have a longer marriage, then the court may look at the house as a way to divide the property "equitably."  Unfortunately, this is not a yes/no question without looking at all of the factors.  A good attorney can help you work through the analysis and advise you on the chances of loosing/keeping the house.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/ ... Read Answer

Yes.  the attonrey is supposed to provide you (or your new attorney) with all of the documents you gave him/her, work he/she did, etc. if you are current in your bill.  The attonrey can hold on to your file if you are not paid up.     Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/... Read Answer