Iowa Divorce Legal Questions

You will not both be able to have the same lawyer (we are ethically prohibited from representing a husband and wife in a divorce).  But, one of you can hire an attorney and the other can just rely on that attorney to do the paperwork and get the divorce finalized if you agree on everything.  We have a flat rate fee for uncontested divorces.    Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/... Read Answer

What you get from his retirement is subject to negotiation.  It will be part of the property settlement, which includes any house, cars, cash, other accounts, etc. that you own.  The court requires an equitable disvision of property (which does not necessarily mean 50/50).   You will need to discuss the particular facts of your case with an attorney to determine what is in your best interest.   Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

You can always "interview" new attorneys.  Be sure to tell the new attorney why you are unhappy with how your current attorney is handling your case so that they can tell you whether and how they would handle things differently.  It is best to make any change as far in advance of trial as possible, to give everyone time to prepare.     Good luck!   Donna Miller http://www.grefesidney.com/our-team/donna-miller/ 515-245-4300... Read Answer

You can always "interview" other attorneys.  It is best to do this well before your trial date so they have time to prepare. Be forthright about why you are unhappy with your current attorney so that the new attorney is aware of your expectations and can honestly tell you whether he/she would handle your case differently.    Good luck! Donna Miller http://www.grefesidney.com/our-team/donna-miller/ 515-245-4300... Read Answer

You should have been notified of a hearing or had an opportunity to file objections with the court.  That was the time to allow you to present evidence that Shane was not dangerous to the children.  If the judge believes that it is not in the children's best interest to be around him, the judge can order that.   Donna Miller Grefe & Sidney 515-245-4300... Read Answer

Breget,  If you were not divorced in California, and you have been in Iowa for more than a year, you can file for divorce in Iowa.   If you want to do this yourself, you can find assistance for pro se filings:  http://www.iowacourts.gov/For_the_Public/Representing_Yourself_in_Court/DivorceFamily_Law/Forms/index.asp If you want assistance, our firm offers a flat-fee divorce with no children for $1,500 plus court costs.  Call if you are interested.   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

I am very sorry to hear about your situation.  It would be good to sit down with an attorney who can walk you though the process.  While it may hurt to have the discussion, you want to do that soon so that you are sure you are protecting your interests.  You can search this site for reputable attorneys in your area who can help with divorces (if you are married) or property division (if you are not).     Best of luck to you,  Donna Miller 515-245-4300... Read Answer

Lisa, If your case was dismissed, then you will have to file again and pay a fee to re-initiate the divorce action.   If you and your husband can agree on most issues, this might not cost you too much, and you might benefit from an attorney just helpinig you draw up the final paperwork to file with the court.  Depending on where you are in Iowa, you might be required to go to mediation to try to work out the divorce details, which you can do with/without an attorney.   I recommend consulting with an attornoey in your area.  Most offer no/low cost consultations to start.   Good luck,   Donna  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 you and your spouse agree on all terms, you likely could benefit from a "flat fee" arrangement.  Those range in price from approximately $700-1200.  If not, depending on where you live, you may be required to participate in mediation, which can take 1-3 hours and require payment of your attorney as well as the mediator and can cost up to $1000.  There would also be paperwork and possibly a hearing that your attorney would need to attend.  That could also take up to $1000.  If you went to trial, you would be required to pay more.  In sum, it is difficult without more information to provide you with costs.  Your best bet is to meet with an attonrey in your area.  Most provide no/low cost options for initial consultation.     Donna... Read Answer

I understand your confusion.  This calculation may be correct, depending on how long you were married and the value of the accounts prior to your marriage.  The Benson formula gives you one-half of the account for the years you were married, so if the accounts existed before you were married, you do not get half of the entire account, only what has been added/growth during marriage.     Hope this helps.     Donna R. Miller     500 E. Court Avenue, Suite 200  P.O. Box 10434  Des Moines, IA  50306  Telephone:  515-245-4300   Fax:  515-245-4452 dmiller@grefesidney.com... Read Answer

From the information you provided, it does not appear that a judge would grant your husband's joint custody request.  But, the judge will want a visitation schedule if you are awarded primary physical custody.  Generally, every other weekend, half of the holidays, and summer/vacation visits will be the minimum he is awarded.  You will also need to address transportation, since he lives in Nebraska.   Unfortunately, the fact that he left you is not usually considered, as Iowa is a "no fault" divorce state.  Because he is not going to agree, I recommend you at least consult with an attorney about strategy and the issues you want addressed in a decree.  Some attorneys will help you on a limited basis, such as drafting the decree and negotiating with your husband.    Good luck to you, Donna Miller Grefe & Sidney, PLC Des Moines, IA  ... Read Answer

Yes, generally you should be entitled to half of any pensions your husband accrued during the marriage. Since you have been married over 10 years you should be entitled to one half of his military pension too. He, of course, should be entitled to 1/2 of any pensions you have accrued during the martriage.... Read Answer

If you are in agreement on everything, and have completed mediation, your lawyer or your spouse's lawyer should be able to draft and agreement and a Decree and present it to a judge for approval. You should not have to wait for a court date. You do have to wait 90 days from the date that proof of service was filed in order to finalize the divorce. With the information you have provided that is about all I can tell you. Some of the rules on this do vary from place to place in Iowa, and I don't know where you are from.... Read Answer

Well, It doesn't need to be "contested," you can both agree on everything, but you will need to disestablish you paternity as well as complete the divorce, so you will need to include the child in the divorce papers. That means you will not be able to use the documents supplied by the Iowa Supreme Court for simple divorces with no children. You also need to be careful that your paternity is disestablished properly, or you could be on the hook for child support and other obligations.... Read Answer

Well, It is rather difficult in Iowa to file a divorce where children are involved. There are forms at the Iowa Supreme Court website for divorces without children, and even they are complicated (90 pages long!!) You would have to work out a care arrangement and calculate child support and medical coverage and other matters. The good news is that if you and your spouse really are in agreement on everything, or most of everything, it should not be too expensive to have a lawyer complete your divorce. You also might be able to use just one lawyer, with that lawyer representing one of you and the other person representing him or her self. I would seriously advise you to contact an experienced lawyer about this. There are a lot of important parental rights involved that should be properly handled. I can tell you from experience that is will be cheaper and more efficient in the long run than trying to start a divorce, getting stuck, and then turning to a lawyer to fix it later. A bit like taking a car into a mechanic after you've pulled everything apart and then don't know what to do next. Good luck. Dai  ... Read Answer

Jewel:    Typically, a "quit claim deed" is used to transfer real property (real estate) and not personal property, such as a car.  The Department of Motor Vehicles in your state most likely handles processing changes in the ownership of vehicles through transfers of title to the vehicle.  Also, if there is a loan on the vehicle, then most likely neither your wife nor you have the title and the lender is holding this title subject to full payment of the loan.  So, the short answer to your question is "no."  Whatever company lent you the money relied on the credit of both your wife and you, and now that you are separated (or even if you got divorced) the lender doesn't care and still wants you on the hook.  You could try to ask the lender to do this, but it is highly unlikely that the lender will agree to take you off the loan.  So, even if you could transfer the ownership only to your wife, then you'd have a liability (the debt) without the asset (the car).  Not a great deal!      Another alternative is to have your wife refinance the car in her name alone, whereby the current loan is paid off, and she alone is liable on the new loan.  During that transfer you could also transfer title to her and be off the hook.  That's your best option to remove yourself from liability earlier than when the current car loan is paid off.  If this option is not available, and you have to wait until the first loan is paid, make sure you transfer your interest to your wife at that time so you don't remain liable for any accidents, etc.      Please note, I am not admitted to practice in your state, but the above information is based on general legal principals.  Please check with an attorney in your state to confirm.   Cindy S. Vova        ... Read Answer