News & Resources

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 […]

  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 […]

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 […]

  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, […]

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 […]

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 […]

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 […]

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 […]

In the next few weeks we will be reviewing the changes to the Iowa Code regarding new laws, or amendments to existing laws, that occurred during this legislative session.  This alert addresses the mandatory parenting class and potential awards of attorney’s fees and court costs for contempt actions relative to support. Relative to the mandatory parenting class, divorcing parties have, for several years, been required to take a mandatory approved parenting class as part of their divorce […]

Martindale-Hubbell Peer Review Ratings allow attorneys to complete anonymous peer reviews where they rate fellow lawyers on a 1 (lowest) to 5 (highest) scale in five categories: Legal Knowledge, Analytical Capabilities, Judgment, Communication Ability and Legal Experience. Attorneys also answer whether or not they believe the lawyer they are reviewing has very high ethical standards. An AV Preeminent is the highest peer rating standard. This rating signifies that a large number of the lawyer’s peers rank […]