Divorce is a complicated and frequently emotional experience, and so it demands the parties to think very carefully and use the law with precision. When going through the divorce process, knowing the legal steps can become your ‘North Star’ in this dark path and bring you the much-needed clarity and confidence. In fact, whether you are in Des Moines or any other city, being acquainted with the divorce procedure can alleviate your stress to a great extent.
Step 1: Understanding Divorce Basics and Legal Grounds
It is of the utmost importance to know the legal grounds of divorce before filing for divorce. In Des Moines, similar to the rest of Iowa, the divorce case can be filed on the basis of irreconcilable differences, that is to say, the marriage has broken down so much that it is not possible to be mended anymore. The point of separation that leads to divorce is the ground which is referred to as the most common one. Even though each state has its own divorce laws, learning the fundamental divorce grounds will provide to you a road map to the process as you become familiar with it.
Step 2: Initiating the Divorce Process
Divorce stage is gripped when one of the spouses is compelled to submit a divorce petition. That petition not only mentions the divorce’s grounds but any court orders relating to child custody, support, alimony, and division of property are attached to it also. If you are considering divorce, it’s crucial to consult with a divorce attorney early in the process.
Need a divorce lawyer in Des Moines for legal rights? You can always count on a professional to be a part of your entire legal journey as a teammate, the one who will ensure that your rights are always respected.
The petition is served to the other spouse so they can provide a response. After serving the divorce petition; the time for the opposing party to file their response will generally be between 20 to 30 days depending on the local rules.
Step 3: Temporary Orders for Support and Custody
In most situations the step that follows the filing of the divorce petition is the sending of a request for temporary orders. The matter contained in such orders might be child custody, child support, spousal support (alimony), and even temporary use of the family home. Temporary orders are issued to allow both parties a support during the divorce process. They are usually done expeditiously to meet urgent needs while the case is being processed.
Step 4: Discovery Process in Divorce
Both parties’ spouses in the discovery are to collect and produce financial documentation and other materials related to divorce. Examples of this information are wage statements, tax returns, and details of property and assets. The purpose of discovery is to provide the divorce court with complete and accurate disclosure of all financial and personal issues that need to be solved in the divorce.
Des Moines divorce attorneys are able to take care of all the paperwork related to the financial part of the divorce and provide the court with the necessary data to make a fair property and assets division. In case you have suspicions about money being hidden or the financial side not being managed properly, your lawyer will also tell you what to do to address these worries during the discovery process.
Step 5: Negotiation and Settlement Discussions
Once both parties have examined the relevant documents, talks can start. At this point it is most important to come up with a settlement that is fair and that covers major issues such as property division, spousal support, and child custody. The dissolution of marriage may become a stage when many couples are ready to agree and thus they are able to save the time, the money, and the emotional stress that visiting court would cost them.
Sometimes divorce mediation is simply preferred to direct negotiations. A mediator assists both partners to come to a joint decision in a non-partisan environment. This method might be extremely advantageous to couples that are eager to steer clear of the fight in court and settle their disputes outside of the court.
Step 6: Child Custody and Parenting Plans
When a marriage breaks down and the couple has children, the determination of custody is the most significant issue among others. Family courts in Des Moines, Iowa, encourage parents to collaborate in drawing up a parenting plan that would be the best for the child. Such a plan consists of the child’s physical and legal custody, visits, and decision-making commitments.
Should the parents fail to come to terms, it is the court that will decide based on what is best for the child. The determination may involve the child-parent bond, the ability of parents to meet the child’s needs, and the history of abuse or neglect, if any. An expert child custody divorce lawyer will make sure that your parental rights will not be violated during the divorce process.
Step 7: Property Division in Divorce
Among other things, divorce is a nightmare when it comes to the division of the spouses’ property and assets. The court in Des Moines, Iowa, follows the “equitable distribution” method, which means that the division of property and assets will be done in a just way, but not necessarily on an equal basis. The court gives considerable weight to the length of marriage, the financial support of the two partners, and the financial situation of each partner.
One thing that cannot be left out is that the division process may include not just marital property (property acquired during the marriage) but also separate property (property owned before the marriage or given to one spouse). In the course of the property division, a divorce lawyer will definitely guarantee that your property rights are intact.
Step 8: Spousal Support (Alimony)
Alimony, also known as spousal support, is intended to enable the lower-income spouse to keep a certain standard of living after the divorce. Locally, in Des Moines, support spousal can be either a temporary one or a permanent one, based on the situation. The court is considering the length of the marriage, the financial situation of each spouse, and the ability of the recipient spouse to find a job, as some of the main criteria.
Knowing whether you are the one who should get the money or the one who should pay it, as well as helping to make sure that the sum and the period are reasonable given your money condition, is a job that a divorce lawyer will do for you.
Step 9: Finalizing the Divorce and Final Orders
Afterward, the court delivers the final divorce decree as a result of the settlement of all contested issues either through the negotiation, the mediation, or the trial. This decree legally terminates the marriage and mentions the final decisions concerning the categories of property division, child custody, and alimony as well as any related topics.
On the other hand, there is a possibility that the decision is not to the liking of one or both spouses and, therefore, they may ask for a reversal temporarily. Yet, when the decree is unalterable, and no motions are issued, the divorce is considered to be at its end point, and thus, the spouses are able to go on with their lives.
Step 10: Post-Divorce Modifications and Enforcement
Moreover, even in the event of divorce consolidation, there are instances whereby the original agreement may still have to be amended. To illustrate, when there is either a change in a spouse’s income or an alteration in a child’s needs as he or she grows, the judge may change the original support, custody, or spousal support order.
For instance, when a divorce agreement is not respected by a party, the necessary enforcement measures can be carried out. In case you require a change of the court order or its enforcement, a divorce attorney will be able to assist you.
Helping You Through the Divorce Process
Divorce is often a very emotional experience; however, with a skilled lawyer at your disposal, you will be able to perform the legal procedures smoothly. Our Feitelson Law Firm team is very empathetic in our client approach, and we virtually accompany clients through the divorce process, starting from the first consultation to signing the divorce decree.
If you have a divorce case in Des Moines, then definitely we are your go-to team. We promise to shield your rights and work for a just and fair result. Contact Feitelson Law Firm today to schedule a consultation and begin the next chapter of your life with confidence.
