Your wedding day might be on the happiest days of your life. As a legal construct, marriage is wedding two people and their property together. However, dissolving a marriage is one of the most emotionally challenging and often frustrating events a person can face. Whether your divorce is uncontested or involves disputes over assets and property, having experienced legal representation ensures your rights, property, and financial stability are protected at every stage.
Divorce
Legal dissolution of the marriage involving equitable division of property and assets.
Divorce with Children
Legal dissolution of the marriage involving equitable division of property and assets, while determining the legal custodial rights over your children, as well as care schedules and parenting plans.
Family law matters generally follow a similar timeline. This can be a stressful and confusing time. We strive to explain and simplify the process, while taking that burden off your shoulders, keeping you informed as your case progresses. Below is a summary of the steps you may encounter.
Petition for Dissolution of Marriage
The first legal step to dissolving a marriage in Iowa is through a Petition for Dissolution of Marriage, a request to the Court of the wish to dissolve a marriage and providing notice to the opposing party of that wish. There are legal requirements attached to this document and must be discussed with an attorney prior to proceeding. Generally speaking it notifies the Court whether this is regarding property, debts, spousal support, and whether children are involved. Once filed, the Petitioner is required to have the document served on the opposing party. After service the Respondent has twenty days to file an Answer.
Answer
If you have been served with a Petition for Dissolution of Marriage, it is important to immediately seek out legal counsel to protect yourself and your rights. You have twenty days to file an Answer, which is a document responding to the Petition and letting the Court know your position on their claims. Not filing an answer can lead to a Default Judgment being entered by the Court, which may grant the Petitioner their requests in full. This is also the time to discuss potential defenses or counterclaims with your attorney, positioning yourself to best move your case forward.
Mediation
Mediation is becoming more and more commonplace and required by more courts in more jurisdictions. Mediation is a process in which a mediator, commonly a practicing attorney in Iowa, arranges for a meeting between the parties to discuss the issues and potential resolution. It is a voluntary process and the mediator does not have authority to enter judgment or decide the issues, they are there to talk to both sides in an unbiased manner and seek to move the parties closer to settlement. When mediation is successful it generally results in the parties signing an agreed upon Stipulation which lays out the terms and conditions for dividing their assets, debts, and when children are involved the conditions for legal custody, care and child support. When mediation is unsuccessful in resolving the entirety of the case, a mediation report is filed with the Court notifying that trial is still necessary. The Court will then schedule a Trial Scheduling Conference for the purpose of setting a trial date and instituting deadlines and requirements ahead of that trial.
Trial Scheduling, Discovery and Pretrial/Settlement Conference
The Trial Scheduling Conference is typically handled by the attorneys with the case coordinator, determining the issues to be considered, length of trial, and then obtaining available trial dates. Trials are scheduled months in advance and may be dependent on the length of trial needed due to complexity of the issues. Once trial is scheduled the Court generally issues an order setting discovery deadlines and schedules a Pretrial or Settlement Conference. Discovery may consist of obtaining records, requests for production, interrogatories and even depositions. Discovery can be a complex and daunting process and having experienced and knowledgeable counsel can guide you through this process, obtaining the evidence necessary to succeed in your case.
Trial
If a case does not resolve or settle, it eventually ends at a trial in front of a Judge who will determine the outcome of each of the issues raised. This is the end point that you and your attorney prepare for, often with the hope that a case will settle before it becomes required. This is one of the most frequently asked questions, whether a trial will be necessary. An experienced attorney may provide guidance, advice and even an estimate, but will prepare as if a trial will always be necessary. At trial, the parties appear before a Judge, testify and explain their positions. Witnesses may be called and exhibits submitted, with the ultimate goal that the Judge will find in your favor. At the end of trial the Judge will generally take the case and issues under advisement and issue written findings and rulings at a later date.
*Any information provided herein is for informational purposes only, does not create an attorney-client relationship without a signed Fee Agreement by both client and attorney. As the legal process is always changing, the accuracy of any information provided may be out of date and an attorney should be consulted.*
*The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.
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