RJ Hudson Law Firm, P.C.
specializes in Iowa Divorce Law
When a marriage ends, there are a multitude of options for Divorce Lawyers in Iowa. Uniquely, Iowa law uses the formal term “Dissolution of marriage,” which boils down to the same meaning as “divorce.”
The Petition for dissolution of marriage
People seeking the dissolution of a marriage must file a petition with the clerk of court office within the county they reside, as well as pay the filing fees. After, the petition must be served on the opposing party (the other spouse), which is a very awkward process. The team at RJ Hudson Law Firm, P.C. will handle this process on your behalf. The opposing party then is given a reasonable time to file a response (usually 20 days.) Once the response is received, our team will then evaluate and guide you though the rest of the process, negotiations and settlements with as much care and compassion as possible to make the process easier.
How do Iowa courts determine “Equitable distribution of property?”
In Iowa, the court divides the marital property between the parties as it deems equitable and just, after setting aside any inherited property or gifts received individually. Some of the factors the court considers in dividing the property are:
- The property brought to the marriage by each party.
- The financial contribution of each party to the marriage.
- The past contribution by one party to the education or increased earning power of the other.
- The present and future earning potential of each party.
- The physical and emotional health of the parties.
- The desirability of awarding the family home to the party with custody of the children.
Never Think Alimony is automatic.
First the court has to decide if alimony — spousal support — is necessary, then it will decide on an acceptable amount. The court considers many of the items to determine the distribution of property, as well as:
- Age of the spouses
- Education levels of each spouse
- Earning capacity of the party seeking alimony
- Feasibility of the spouse seeking alimony to become self-supporting
Divorce in Iowa can be filed in a one of three of ways.
Uncontested divorce: If both sides of the dissolution are in agreement that a divorce is inevitable, and there are no disagreements or pending issues, the court may agree to work with RJ Hudson Law Firm, P.C. and the opposing attorneys to complete the process. Even if the divorce is uncontested, Iowa law requires a 90-day waiting period from serving the petition to divorce decree, although in some cases, the court may waive the waiting period in favor of a speedy resolution to the process.
Contested divorce: If the divorce is contested by either spouse, or if you have children are involved, the case may eventually be set for trial before a judge. Each judicial district may have unique procedures as part of their divorce process, including mandatory mediation. This does not mean that you will be denied your divorce — if you are certain of your need to dissolve your marriage, the RJ Hudson Law Firm, P.C. team will help guide you through the process.
No-fault divorce: Iowa Divorce Law allows a marriage to be dissolved when the relationship breaks down with no likelihood it can be preserved through counseling, interventions or otherwise. Opposing spouses have no requirement to assign blame or wrong-doing on each other. If the court is unsure of the need for a divorce then RJ Hudson Law Firm, P.C. works with the court to push the petition through hoping for little to no unnecessary delays. Even in these cases, a judge may request parties participate in conciliation efforts for a period of 60 days.
RJ Hudson Law Firm, P.C. is focused on practicing Domestic Relations and Family Law in Iowa
Domestic relations and family law, especially child custody issues can be emotionally and financially devastating. While some matters can be resolved with all parties in agreement and resolute in the decisions, some domestic relations cases are highly volatile and cause stress and strain on all involved. When navigating these issues, you need a team of professionals on your side that have the knowledge, temperament and talent to guide you, as comfortably as possible through the process. The RJ Hudson Law Firm, P.C. has been helping clients resolve family law disputes for over 2 decades and will bring that expertise to the table to help you.
The Team at RJ Hudson Law Firm, P.C. is at your side through the entire process.
Iowa divorce law is our specialty. Our attorneys provide you with unmatched legal knowledge and support from the initial consultation to the final settlements. If you are facing divorce or need legal support for a child custody or support issue, call our office for a consultation at 515-421-4191. Or for more information about your unique legal needs, contact us today.
We look forward to working for you!