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Category: Articles

Property in your Divorce: Part V – Remember one key point: One asset can have more than one property type classification.

By Dec 31, 2017 Posted in Articles

In the last several weeks we have learned about the various classifications of property in your divorce—premarital property, gifts and inheritance and marital property.  It is important for any person going through a divorce to understand that the courts can view one asset as having more than one classification. For example, a house can be purchased before marriage by one party (premarital) but it had a loan on it when the parties married. During the […]

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Property in your Divorce: Part IV Marital Property: What property are we dividing?

By Dec 22, 2017 Posted in Articles

The Iowa law provides that the property of the marriage will be equitably divided in your divorce.  That means that any property you bought, or acquired, during the course of the marriage will most likely be divided in the divorce proceeding.  What does “equitable” mean?  Equitable division is what would be fair in your particular divorce proceeding, not necessarily equal.  For a better understanding of what property will be considered marital property that can be […]

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Property in your Divorce:  Part III -How are gifts and inheritance treated?  Usually, they go to the person that received them. Unless…

By Dec 8, 2017 Posted in Articles

  The Iowa law says that gifts and inheritance that a divorcing spouse received before or during the course of the marriage are the separate property of the person who received them and will be treated as his/her separate property.  That would mean that they are not part of the “marital assets” that can be divided in the divorce case.  There is, however, an exception to this rule that the courts have the ability to […]

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Property in your Divorce: Part II Premarital Property – “I had it before I married you so it is mine!”..Maybe not.

By Nov 24, 2017 Posted in Articles

A common misconception for most people going through a divorce is that if they owned a piece of property, or 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 who owned it prior to the marriage.  The word “may” gives the courts the ability to determine if it will give the property […]

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Property in your Divorce: Part 1- Will all of your property in your divorce be treated the same and divided between you and your spouse? Not necessarily.

By Nov 10, 2017 Posted in Articles

  In every divorce proceeding it is important to understand that all property is not the same.  The Iowa law and the courts have recognized that there are potentially different types of property.  It is important to understand this regarding each piece of property in your divorce case.   Property can be categorized as premarital property, gifted or inherited property, or  marital property.  One piece of property can fall into more than one category.  In addition, […]

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New Blog Series – “Property in Your Divorce” beginning November 10, 2017.

By Nov 6, 2017 Posted in Articles

Please join us for our blog series entitled, “Property in Your Divorce” beginning November 10, 2017.   This series will be exploring various types of property in divorce proceedings. This will be a five part series, posted every other Friday, and will include various issues that all parties in a divorce, or thinking of divorce,  should know.  Should you require any additional information on any of these topics, or other family law related issues, please feel […]

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Legal Separation Agreements–Will the Court uphold them if you go through a divorce? The answer is..Maybe..

By Aug 25, 2017 Posted in Articles

Under Iowa law, married couples can legally separate by filing a Petition for Separate Maintenance without getting an actual divorce. The couple agrees to all of the same terms they would agree to in a divorce and a Separation Agreement is prepared. The court accepts the Agreement when a Separate Maintenance Decree is filed. The Decree lets the court decide all of the same issues that are decided in an actual divorce case. You would […]

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Will Child Support be Lowered if Criminal Activity Causes a Reduction in Income? It Depends on Intent.

By Aug 18, 2017 Posted in Articles

A recent issue before the Iowa Court of Appeals was whether a person paying child support can have support reduced because of his/her own illegal actions that ultimately impact his/her pay. In a recent case a father was convicted of driving while intoxicated and his employer then changed his job position to one with a reduced pay. The law in Iowa states that a person cannot voluntarily reduce his/her own income to cause a change […]

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Child Support Revisions Approved by the Iowa Supreme Court

By Aug 15, 2017 Posted in Articles

Beginning January 1, 2018, new amendments to the Iowa Child Support Guidelines will go into effect.  Some of the important changes include: -What a parent is allowed to deduct for the portion of the child’s health insurance when calculating child support. -What deductions are allowed if a child is on Hawk-I for health insurance. -What the definition of gross monthly income for child support purposes is and how spousal support will factor into the child […]

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Moving? It May Affect your Custodial Arrangement Even if it is Less than 150 miles Away!

By Jun 9, 2017 Posted in Articles

  Many people who go through a divorce, and are awarded primary physical care of their children (i.e. the children live primarily with one person and have visitation with the other), sometimes face a potential move/relocation to another area of the state. The question then arises, “Can the custody of my children be modified due to my move?” The answer is maybe. In Iowa there is a law that states that if the custodial parent […]

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

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