Guiding You Through Your Divorce Journey
Last updated on February 5, 2024
Divorce has the potential to upend your entire life. Whether your family is small or large, or your assets humble or substantial, nothing will be the same once one of you starts the marriage dissolution process.
At Babich Sarcone, we have a team of experienced, compassionate family law attorneys. Our attorneys understand the nuances of state law that are specific to your situation. We can answer questions about dividing large marital estates, crafting fair and beneficial child custody plans, or how to modify or enforce the terms of the divorce settlement once the decree has been finalized. We are accessible to our clients when they need us; we understand that urgent situations can require an urgent answer.
Understanding Iowa Divorce Basics
Our firm’s attorneys will discuss your circumstances at your initial appointment and provide counsel on the best way to proceed with your divorce. Our goal is to advocate for the best interests of you and your children, while also delivering honest feedback on what you can expect from the legal system in the Iowa jurisdiction where your divorce was filed.
You can trust the lawyers at Babich Sarcone to focus on how to achieve your goals related to the divorce settlement.
Frequently Asked Questions About Divorce In Iowa
Filing for divorce is a big decision and it is not uncommon to feel apprehensive. Our attorneys can help explain the process and your options in more detail. Here are four common questions that our clients often ask:
Is Iowa A Fault Or No-Fault Divorce State?
Iowa is a no-fault divorce state. That means you do not have to provide a reason for the divorce beyond the relationship being irretrievably broken.
How Does Iowa Divide Property In A Divorce?
Iowa is an equitable distribution state. This means property acquired during the marriage is to be divided fairly – but that does not always equal a 50-50 split. If the court has to step in on property division, they will divide assets in a manner they deem to be fair. Factors that are typically considered include:
- How long the couple has been married
- Who will care for the children
- How much each spouse earns
- Whether or not either spouse has any special needs
- The overall financial picture of each spouse
The law on property division in Iowa can be nuanced, which is why it’s so important to have legal representation.
When can you modify a child support or child custody agreement in Iowa?
Both child custody and support orders are legally binding in Iowa. Both parents must obey the terms set by the court. It’s also important to remember that they are completely separate issues and will be addressed by the court as such.
Generally, a custody modification requires a significant change in circumstances and any modification must be in the best interests of the child. Significant changes include things like remarriage or relocation of either parent and major changes in a parent’s mental or physical health.
A child support order may be modified if the paying parent can show a substantial change in circumstances. For example, if the child has developed new medical needs or a parent has had a major change in employment.
How long does the divorce process take in Iowa?
The length of divorce in Iowa can vary. If both parties are agreeable on all issues, then a divorce can be settled within three months. If the divorce is highly contentious, then this could take several months and may even extend over a year.
Once divorce papers have been filed, the recipient spouse has 90 days to submit their response. Iowa courts will not grant a divorce less than 90 days after divorce paperwork is filed.
What Is The Fastest And Easiest Way To Divorce In Iowa?
The most efficient way to divorce in Iowa is to have an uncontested divorce. This means that you and your ex submit your settlement together, with agreement in all areas. It’s still sensible to be advised by an experienced family law attorney to make sure you are being treated fairly.
We Can Help You Move Forward. Contact Us Today To Find Out How.
To request an appointment with our team of divorce attorneys, call our Des Moines office at 515-817-1870 or email us. We work with clients across the state of Iowa.