Ioa Divorce Attorney

Divorcing is Hard. We Remove the Headaches.

Divorce is an important turning point in life. Many people agonize about whether to file for divorce, while others are eager to finally call it quits and find a new romantic partner. Regardless of the buildup, your divorce settlement will have repercussions for decades. You should have a skilled Iowa divorce lawyer by your side.

At Ball, Kirk & Holm, P.C., our Iowa divorce attorneys have worked with many men and women from various backgrounds. No two marriages are the same, which means no two divorces will be exactly alike. We listen carefully to our clients’ stories and help clarify what they are seeking in their divorce. The process involves unwinding a couple’s finances and making critical choices about who will raise children. Call our firm today to talk about your legal options with an Iowa divorce attorney in a confidential setting.

Give us a call at (319) 220-0416 or submit an online contact form to request a free, no-obligation consultation.

Success Stories: Client Testimonials

Contested vs. Uncontested Divorce

Not every divorce involves a “fight.” Instead, couples can reach a mutual agreement on a host of critical issues, including:

• Child custody and visitation
• Child support
• Spousal support/alimony
• Division of marital property and debts

If you agree on every critical issue, you can have an uncontested divorce. However, if you disagree on one or more issues, then your divorce is contested. That means a judge will ultimately decide whichever issues remain unresolved.

An uncontested divorce is generally simpler, cheaper, and less stressful for everyone involved. Nonetheless, it’s not appropriate for everyone. And sometimes you need to fight—especially where your spouse won’t act fairly or there has been a history of abuse and you fear for your children’s safety.

Collaborative Divorce

Reaching agreement is a process. Some couples quickly find common ground without any outside help. Other couples must work diligently to overcome roadblocks and reach agreement.

At Ball, Kirk & Holm, P.C., we have experience with collaborative divorce, which is a non-adversarial approach to ending a marriage. Couples agree to work in good faith to resolve any disagreements. This approach typically includes free and full disclosure of relevant information, as well as joint retention of outside experts.

Divorce Mediation

We can also attend mediation. Many Iowa judges will send divorcing spouses to meet with a neutral mediator and talk through their disagreements. The mediator doesn’t “decide” any issue; instead, they help couples listen to each other, with the goal of clarifying the dispute and surfacing possible resolutions.

Although participation in mediation might be mandatory, you are not required to accept any proposal put forward by your spouse or the mediator. Our Iowa divorce lawyers can attend mediation with you and help you decide whether to accept a proposed settlement—and whether to make one of your own.

Child Custody & Parental Rights

Divorces involving children are among the most difficult we have handled. Many emotions are involved, and parents often are unclear about their rights and responsibilities.

Custody in Iowa involves:

• Legal custody—the right to make critical decisions for a minor child on such issues as education, medical care, and religious upbringing.
• Physical care—the right to have a child live in your home and care for them.

Parents can share legal custody, called joint custody, or one parent can have sole custody. Parents may also share joint physical care.

Generally, each parent should have time with their children. Still, parents often fight—especially if one hopes to leave Iowa and an equal parenting arrangement is not feasible. Our Iowa divorce lawyers can discuss how a judge will view any child custody dispute and what factors go into the decision.

Property Division: What is Marital Property?

The division of marital property is another issue that confuses couples. The general rule in Iowa is that any property you owned before walking down the aisle is considered your “separate” property. You can leave the divorce with separate property, along with any inheritance or gift you received during the marriage.

Conversely, any property you obtained while married, including any wages earned, is considered “marital.” Property is marital even if it’s titled or deeded in only one spouse’s name. What matters is when you obtained it.

Iowa follows “equitable” distribution, which means a fair division of marital property. Couples can agree between themselves about what to divide, or a judge will decide based on many factors.

Many clients are surprised that certain assets—including retirement accounts and investments—are marital. Your small business could also be marital, even if your spouse never worked a day for the company.

FAQs about Iowa Divorce

Is a no-fault divorce the same as an uncontested divorce?

No. A “no fault” divorce means that a couple is divorcing because the marriage has irretrievably broken down. Couples can file a no-fault divorce and still disagree about alimony, child custody, and other issues, which means their divorce is contested.

Can I get my maiden name back?

Yes. You can request a name change in your divorce petition or answer. You can only go back to the name on your birth certificate or the name you had immediately before getting married.

Will I keep my season tickets?

They might be marital property. Couples have options during divorce. One of you might take all the tickets, with your spouse getting an offsetting amount of marital property. Or you might end up having to share the tickets or sell them.

Will I have to pay my ex’s student loans?

Debts are also divided equitably in a divorce. Debts aren’t automatically divided 50/50. You should work closely with an attorney if your spouse took out student loans while married.

Is it too early to discuss divorce?

It’s never too early to talk with a lawyer. By meeting with us, you are not committing to going through and filing a divorce petition. We also are legally prohibited from telling your spouse that you met with us. But you can only decide whether divorce is the right option if you understand your legal rights.

Reach Out to an Iowa Divorce Attorney Today

If you have received divorce papers, or if you are thinking of filing yourself, please call Ball, Kirk & Holm, P.C., today. We believe in empowering clients by providing them with the best legal advice around.

Contact us today for a free consultation by filling out our contact form or calling (319) 220-0416.

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