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Category: Articles

Part III: Property in Your Divorce, Martial Property-What Are We Dividing?

By Nov 24, 2020 Posted in Articles

Iowa law provides that all property of the marriage will be equitably divided in your divorce.  Accordingly, any property you purchased or acquired during the course of the marriage will most likely be subject to equitable division in the divorce proceeding.  What does “equitable” mean?  Equitable division is what would be fair and reasonable, not necessarily equal, in your particular divorce proceeding.  The task of dividing property included in the marital estate can be broken […]

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Part II: Property in Your Divorce, Treatment of Gifts and Inheritances

By Nov 19, 2020 Posted in Articles

Generally, Iowa law states that gifts and inheritance a divorcing spouse received before or during the course of the marriage are considered separate property of the person who received them and will be treated as his or her separate property.  Consequently, said gifted or inherited property in this scenario would not be categorized as “marital assets” subject to equitable division in the divorce case.  There is, however, an exception to this rule that allows a […]

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Premarital Property – “I Had It Before I Married You So It Is Mine!”… Maybe Not…

By Nov 16, 2020 Posted in Articles

Property In Your Divorce: Part I Premarital Property – “I Had It Before I Married You So It Is Mine!”… Maybe Not… A common misconception for most people going through a divorce is that if they owned a piece of property, or an asset, before they married their partner that it is theirs. That may, or may not, be the case. The Iowa law states that premarital property “may” be given back to the person […]

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The Farm Divorce – Unlike Any Other

By Sep 30, 2020 Posted in Articles

Farmers, unlike regular business owners, are confronted with very complex issues involving  identification and valuation of assets merely by nature of the business they own and operate.  Many farm divorces consist of a farming operation that has been owned by a farm family for generations.  Now, one of the family members is faced with a divorce and the family may be confronted with a determination of how the “family farm” will be maintained.              Because […]

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What Happens to My Business During the Divorce Process? 

By Sep 22, 2020 Posted in Articles

  One of the main components of any divorce case is the equitable division of property, i.e., the assets and liabilities of the parties.  The property is classified as either separate or marital property, assigned a value, then allocated to one spouse or the other.  The value of the property is usually the fair market value as of the date of separation.  Some types of property, such as bank accounts or some retirement accounts, are […]

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Retirement Accounts in a Divorce Proceeding

By Sep 15, 2020 Posted in Articles

The State of Iowa requires each party in a divorce proceeding to disclose all of their assets and debts. Retirement accounts can be one of the largest, and most valuable, asset that a person owns. They may also be one of the more challenging assets to divide. If you or your spouse has a retirement plan, it may be subject to division in a divorce proceeding.  There are very specific guidelines when determining division of […]

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Co-Parenting and Your Children’s Return to School During COVID-19

By Aug 18, 2020 Posted in Articles

          COVID-19 abruptly ended daycare, classes, and extra-curricular activities for many children last spring but now we are rapidly approaching the new school year.  After months of social distancing, parents are now faced with serious concerns as their children return to school during this uncertain time.  The primary concern is how parents should best protect the safety, health, and well-being of their children returning school.  This concern could be magnified if children reside in separate […]

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Modifying and/or Terminating Alimony during the COVID-19 Pandemic

By Aug 14, 2020 Posted in Articles

Many individuals have questions regarding how COVID-19 affects their receipt of alimony payments, and/or their ability to pay alimony, during these unprecedented times.  Questions have been raised, due to extensive loss of employment during the pandemic, as to whether alimony could be potentially increased and/or decreased during these times. The simple answer is, if your alimony is not deemed non-modifiable in your divorce documents, the alimony is potentially subject to modification.  Because of the current […]

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I Lost My Job — How Does This Affect My Child Support Payments?

By Aug 7, 2020 Posted in Articles

If you are one of the millions of Americans facing unemployment, and are obligated to make child support payments, it is likely that you have several questions and concerns. At Simpson Legal Group, LLC., we are willing to guide you through this stressful time by helping you to figure out a solution. It is important to know that losing your job does not mean that you are excused from making child support payments. Before stopping, […]

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Emotional Stages of a Divorce

By Jul 17, 2020 Posted in Articles

Making the choice to end a divorce can bring about several different emotions and behaviors. Marriages do not typically break down overnight. Depending on whether you are the initiator of the divorce or the one receiving the news, it is likely that each person will feel different emotions at different stages of the process. Understanding the following emotional stages can help parties and reach their own level of personal healing. Disillusionment of One Party. At […]

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50 Northcrest Drive, Council Bluffs, Iowa 51503
Phone: 712.256.9899

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