North Liberty Family Law Attorneys

See a Family Law Dispute on the Horizon? Contact our North Liberty Family Law Attorneys

Family law disputes are often some of the most complex and emotional that our firm deals with. If you are considering divorce or need help with child custody, we are the firm to contact. Ball, Kirk & Holm, P.C., has provided legal guidance to our family law clients for more than 60 years. We have seen family law change dramatically during that time and know the importance of staying abreast of changes.

Call our office. Many people wait too long to speak with a lawyer or wrongly think they can handle their own dispute. Unfortunately, many family law disputes are high stakes: you get one chance to win the case because few appeals are successful. Reach out to our firm to speak with a North Liberty family law attorney in a private consultation.

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

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Our lawyers can help with any of the following family law issues.

Divorce

A divorce dissolves a marriage. Iowa recognizes no-fault divorce when a marriage is irretrievably broken. However, you still need to satisfy residency requirements to file in this state.

Our law has experience with uncontested divorces, where a couple agrees on all critical issues. We can also help with a contested case, in which spouses disagree  on one more issue, such as child custody.

Collaborative Divorce

Couples are increasingly looking for ways to end divorce without fighting. Collaborative divorce might be the right option for you. Both spouses and their legal teams agree to work in a collaborative fashion to resolve all issues. We might jointly vet and hire experts, including accountants, to assist with divorce. Open communication and sharing of information are the cornerstones of collaborative divorce.  

Child Custody & Child Support

Under Iowa law, judges should award custody with the goal of assuring “maximum continuing physical and emotional contact with both parents” after separation or divorce. (Iowa Code § 589.41(a).) Nonetheless, parents often fight over who can be the primary custodial parent.

If there is provable domestic violence or other abuse, then the law shifts, and there is a presumption that a judge should not award joint custody.

Parents may negotiate custody. However, a judge always decides custody based on the child’s best interests. This is a flexible, holistic test which considers each parent’s relationship with the child, as well as their ability to provide a stable home and other factors.

A lawyer provides invaluable service when arguing on behalf of a parent for custody. Emotions can run high. We have experience drafting parenting plans and using mediation to help parents find common ground.

Division of Marital Property

Iowa is an equitable division state. Essentially, the court will divide property fairly based on the circumstances. Under Iowa Code § 598.21, a court considers:

• The duration of the marriage;
• What property each spouse brought to the marriage;
• Each spouse’s contribution to the marriage, including taking care for children;
• Each spouse’s age and needs;
• Whether one spouse contributed to the other’s education or career;
• Each spouse’s educational background and skills;
• Other factors.

Most assets acquired after marriage are marital, apart from inheritances and gifts. A small business might be marital property subject to division, even where one spouse has not spent a day working at the company.

Let us review. Many people need help thinking through what property to request. Requesting the family home might be the wrong choice depending on where you are in life and whether you want the upkeep costs.

Spousal Support/Alimony

Alimony or spousal support usually consists of monthly payments from one spouse to a lower-earning spouse. Alimony serves many purposes. One objective is to soften the financial hardship one spouse will suffer after the divorce.

Judges may order alimony for a limited period or indefinitely. The court considers many factors when deciding if to award alimony, as well as how much. The main considerations are each spouse’s health and earning power, as well as the duration of the marriage.

Alimony can represent a significant amount of money. We encourage our clients to think through whether to request alimony.

Enforcement or Modification

Many disputes continue after divorce. For example, the other parent might refuse to comply with the child custody arrangement. That type of noncompliance might warrant an enforcement action by seeking contempt with the court. Enforcement issues also regularly arise with child support or alimony.

We can also help those who want to modify an existing order. Typically, we need to provide a solid reason for the court to take a second look at child custody, child support, or alimony. There might be a substantial change in circumstances supporting the request. For example, you might request termination of alimony where your ex starts a new relationship.

Call our office for assistance. Enforcement or modification requests require solid evidence supporting your claim.

Temporary Orders

A contested divorce can take over a year. During that time, a couple will probably live apart, which means the court needs to set temporary orders regarding custody, support, alimony, and other issues. These orders last for the duration of the divorce, after which they are replaced by permanent orders.

Don’t overlook the significance of temporary orders. Judges often like to maintain the status quo, especially when it comes to children. It is easy for a judge to simply convert a temporary custody order into a permanent order. If you don’t fight for temporary custody, you could be unhappy with the permanent custody order.

Contact an Experienced North Liberty Family Law Attorney Today

Ball, Kirk & Holm is proud to provide family law services to the North Liberty community. Ending a marriage is fraught with tension. But hiring the right lawyer can provide peace of mind. We resolve disputes as efficiently as possible for our clients, allowing them to flourish after divorce.

To schedule a consultation, call us today or reach out online. It is never too early to call to begin planning your legal strategy for divorce or custody. We are always available to our clients 24/7 by phone or email.

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