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end opt in newsletter code -- skip navigation back to top des moines divorce lawyers 515-261-7526 toll free: 1-800-997-1395 jeff@desmoinesiowadivorce.com affordable fee uncontested divorce get fast help subject -- home custody & support property & division divorce & bankruptcy iowa counties served location blog -- ask a question, jeff will answer you asap get an answer jonathan causey, associate attorney - graduated from mississippi college school of law in jackson and has practiced law in iowa since 2014. jon also handles criminal law matters. prior to law school, jon was an independent insurance broker in memphis, tennessee. email jon . -- contact jeff -- email jeff get started now 515-261-7526 4800 mills civic pkwy suite 218 west des moines, ia 50265 latest articles by jeff mathias client endorsements "jeff helped me get an amicable divorce by being very clear and concise up front with what my rights, choices and process i needed to make regarding my divorce. jeff was patient, understanding and always available to answer questions and explain the divorce process to me. i absolutely made the right decision for my divorce when i hired jeff mathias. if you want an understanding, compassionate attorney who really wants the best for you (and even your spouse), don't hesitate to contact jeff." - steve schott, des moines, iowa, divorce client "jeff represented me in my contested divorce case. jeff was very accessible, answered any questions i had and helped guide me through a very confusing process. jeff's fees were quite reasonable. jeff kept me focused, even when i was going to give up and not fight for my fair share. we ended up going all the way to trial and judgement in my favor and i even recovered more than i had paid jeff for my trial. i am very happy with my experience with jeff and would recommend him to anyone." -diane daniels, client top 7 iowa divorce questions 1. how much does an agreed iowa divorce cost? agreement, no kids- $900 fixed attorney fee, plus $235 court costs – you are in agreement on all issues. agreement with kids- $1,500 fixed attorney fee, plus $235 court costs, children in the middle $40 – you are in agreement on custody, visitation, support etc. note- agreed means you are already in agreement on issues like custody, support, visitation, spousal support if any and property distribution. if you have issues you are not in agreement on it is a contested case which requires a lot more attorney time and fees. best to come in once you have all your fees available. 2. can you represent both of us? because we have a duty of loyalty to our client and cannot serve two masters well, iowa law specifically prohibits us from representing both husband and wife in divorce. usually the spouse in an uncontested divorce does not hire their own attorney although it is fine to do so if they wish. as long as they are in agreement, they normally just sign off on the settlement agreement. iowa law: in no event shall a lawyer represent both parties in dissolution or marriage proceedings. iowa r. of prof’l resp. 32:1.7(c)(2016) . 3. can we waive child support? iowa courts are very serious about protecting children of divorce. the last thing they want is for kids to suffer for lack of financial support. so judges do not agree to waive support even when the parties request it. but there are plenty of easy ways to deal with it that jeff can help with. child support is determined by the iowa child support guidelines . it is a mechanical formula based on income. 4. what is the most common custody arrangement? in my practice, the most common arrangement by far is joint physical care with more or less equal parenting time by agreement for both parents, meaning there is a degree of flexibility week to week depending on work schedules, kids activities, etc. the parent with higher income pays modest child support to the other parent. this is the best way to preserve great bonds between both parents and the kids. it also reduces animosity some kids have toward the parent with primary custody over having inadequate time with the non-custodial parent. 5. how long does iowa divorce take? there is a 90 day waiting period from the day we file your acceptance of service. so uncontested cases take a bit over three months. contested cases can take two years or more. 6. how does alimony work in iowa? alimony is not as common as it was when women were less likely to work. iowa courts came to rarely award alimony and then in 2015, the iowa supreme court ruled that alimony should normally be awarded in long term marriages (20 years or more) so we have recently seen more frequent awards. some of my clients simply make their own agreement on alimony, often for a limited amount of time while the spouse with the lower income has time to adjust. but most cases do not involve alimony. in some cases, parties will do a property settlement instead of alimony since alimony is modifiable and a property settlement is not. also, alimony is taxable income to the recipient but a property settlement is not. 7. how do i get started? fill out the contact form above, email or call jeff anytime for personal answers from jeff and not a legal assistant. jeff will send you a case evaluation form that takes about 15 minutes to complete. when we meet you can sign the petition so jeff can file right away. then your spouse accepts service. we file a financial affidavit and settlement agreement. if there are kids jeff will work up a child support worksheet and you will take the children in the middle course. taking action reduces stress! legal separation agreements in iowa i often get calls from clients seeking a legal separation. in iowa, a legal separation is handled the same way as a full divorce except that the property is not distributed. if the parties later decide to divorce, you would start anew with a divorce case. also, during the legal separation, since the parties are still married, they are still responsible for the others debts under 597.14 of the iowa code . and iowa code 252a.3: support of family however, some iowan’s will still pursue a legal separation because they cannot remain together and cannot divorce due to their religion or for moral reasons. so the benefits of filing a legal separation are quite limited and the costs are about the same as a full divorce, after which many people would end up just paying the same full amount again once they are ready to divorce. divorce in iowa – joint physical care takes the fight out historically, iowa courts awarded joint legal custody with primary physical care to one party , typically the mother and visitation to the father . in recent years, fathers rights have become a bigger issue and many women work as much as men who are now more involved in caring for our children. hence, iowa courts now often award joint physical care if the parties are cooperating well and both have been very involved in child rearing . child support is calculated for both parties. the party with the higher child support pays the difference of the two figures. iowa courts are very serious about making sure children are well provided for. if both parties have about the same income then the support may be minimal. in fact, if it is under $100/mo. the court may waive the payment of any child support in joint custody cases. otherwise, iowa divorce courts do want to see child support in place. however, the parties can work out their own arrangements. for example, the person receiving the support might pay for all day care expenses with the funds rather than half. joint physical care has taken a lot of the fight out of divorce in iowa; why fight over custody if you can share? factors iowa courts consider in awarding joint physical care 1. stability and continuity iowa courts prefer to limit joint physical care to couples that have had a history or very active participation by both parents in child rearing. so if one party has left most or all of ch
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