Family Law Attorney Des Moines, Iowa

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Family Law Attorney Des Moines, Iowa

Every state has different laws regarding divorce and child custody. The residents of all states need to be aware of these laws so that if they ever come face to face with such issues, they know how to go about it. However, our topic of concern is the family laws in Des Moines, Iowa.

While most divorce and child custody cases are resolved on a harmonious note, some take a complicated turn and make matters worse. To deal with such perplexity and convolution, a person needs proper help and guidance, which is only possible through a family law attorney Des Moines, Iowa.

At Affordable Legal Help, our goal is to look over your case, and take you through an appropriate and effective route, to resolve your case with the minimum amount of financial and emotional stress.

Divorce in Des Moines, Iowa

Iowa is a no-fault state. This means that neither of the spouses have to prove to the court the reason for their failed marriage. You can simply inform the court that the issue cannot be resolved and you need to end the marriage, and they will issue a judgement regarding it.

The only problem is that it takes some time for the divorce to be finalized. You can always hire a cheap divorce lawyer in Des Moines Iowa, to take up your case and handle all the documentation and other processes, so that you don't have added burden on your shoulders.

Why Do You Need a Lawyer?

Filing for a divorce is not an easy process, therefore hiring a divorce attorney Des Moines will help you understand the whole process of divorce. They will inform you about your rights and help you go about the process based on the rules and laws set by the state.

Also, the services of a divorce lawyer Des Moines, Iowa are required in the following situations:

• Children are involved
• The spouses own property
• The spouses disagree on the terms of divorce
• There's a dispute regarding property and division of money.

How to File for a Divorce in Des Moines Iowa?

According to Iowa Legal Aid, the process of filing for a divorce in Des Moines, Iowa is quite simple. You can follow the steps below to start a divorce.

• You have to fill out a petition, which includes information about you and your spouse, details of your marriage and the terms of divorce.
• With the help of a divorce attorney Des Moines, you have to file the petition in the County Court.
• You have to present a copy of the petition to your spouse. There are certain rules for serving the petition and other documentation to the spouse in case of a divorce, which you can understand well with the guidance of a divorce lawyer Des Moines, Iowa.

How Long Does the Divorce Process Take?

You have to live in Iowa for a year to be applicable to file for a divorce. In case your spouse lives in Iowa, you can file at any time. The time it takes for the process to be finalized depends on the situation. In normal cases, it takes around 90 days for the court to pass the final judgment after you have presented the petition to your spouse.

But sometimes it may take less than 90 days and in complex situations, it may even take more than a year for the divorce to be finalized.

Child Custody and Support Laws in Des Moines, Iowa

As stated earlier, the divorce process in Des Moines, Iowa is not complicated, but when children are involved it may require more time as many other factors need to be taken into consideration. For instance, the couple filing for divorce need to take a "Children in the Middle" class and make proper decisions for custody, child support and visitation. The services of a professional child custody lawyer in Des Moines, Iowa will be helpful in this regard. 

Types of Child Custody

According to the child custody laws in Des Moines, Iowa, custody can be of two types:

1) Legal Custody

Legal custody refers to the right of making decisions about the child's education, medical care, activities and other matters. The child doesn't necessarily have to live with the parent in this case. Legal custody can be joint or sole.

• Joint Legal Custody

In case of joint legal custody, both the parents have the rights to take decisions on behalf of the child. The child custody laws in Iowa are in favour of this type of custody as they think it is in the best interest of the child.

• Sole Legal Custody

In case of sole legal custody, only one parent has the right to make decisions about the child. This type of custody is a result of a disagreement between the parents on terms regarding child custody and support. Although the court doesn't favour sole legal custody, sometimes the situation calls for it.

2) Physical Custody

Physical custody refers to the child living with one of the parents. The parents are responsible for providing a house and routine care for the child. Physical custody is also sole and joint.

• Sole Physical Custody

In case of sole physical custody, a child lives with one parent, the custodial parent. However, the non-custodial parent can occasionally visit the child and provide child support.

• Joint Physical Custody

In case of joint physical custody, the child gets to spend equal time with both parents. Both the parents are required to provide a house and routine care for the child.

Child Support

In Des Moines, Iowa, the amount of child support to be paid is calculated based on the Iowa Schedule of Basic Support Obligations. A child support attorney Des Moines, Iowa can provide you clear guidance on child support calculation.

According to the Iowa law:

• Child support is paid by the non-custodial parent to the parent with physical custody of the child.
• The amount is calculated by keeping the net monthly income of the parents into consideration.
• The amount can be decreased in case of low income of the non-custodial parent.
• In case of joint physical custody, the amount is equal for both parents.

How Can We Help?

The family law attorneys at Affordable Legal Help handle divorce, child custody and support cases professionally all over Iowa. We aim to wrap your case efficiently and discreetly by obtaining the outcome that is in your best interests.
Contact us for further information and guidance.