Professional Family Law Solutions
The Law Offices of Evan J. Starcevic, P.C. provides clients with a variety of professional family law solutions and divorce attorney needs.
We understand that a divorce can be a stressful and disruptive time, and we will strive to give you clear legal guidance to resolve all aspects of your dissolution. We also have a personal understanding of the challenges facing couples seeking divorce, and can advise you on the laws that apply to your unique situation. We handle divorce litigation, collaborative divorce and uncontested divorce cases, and can advise you on the best approach to resolve your situation.
Iowa Divorce Requirements
Iowa recognizes “no-fault” divorce, which means that you may file for divorce on the grounds that the marriage is no longer working and is beyond repair. Iowa Courts do not require a showing of who is responsible for the breakdown of the marriage. Generally Iowa will require one year of residency prior to the filing of your divorce.
Aspects of Divorce
The dissolution of marriage can bring a wide range of complex issues, as separating spouses begin the process of terminating martial rights and establishing new lives. Some of the key aspects of divorce include:
Property and assets acquired during your marriage are generally classified as marital property and will be divided equitably between you and your spouse. If you and your spouse do not arrive at a settlement agreement on property division, the Court will decide what is equitable. Some of the factors that affect the division of property include:
- Length of the marriage
- The contribution of each spouse to the marriage
- Age and health of the spouses
- Earning capacity of each spouse
- Alimony payments
Spousal support or alimony is not awarded in every case and can be awarded either on a temporary or permanent basis. The amount will depend on many factors including but not limited to: division of property and debts, needs of the parties, ability to pay, costs of living, child support awards and whether you or your spouse can earn sufficient income following the divorce. Spousal support is often an aspect of divorce that creates much tension. As an experienced divorce law firm, we can advise you on how alimony may or may not be a factor in your case.
Child support is typically paid by the non-custodial parent to the custodial parent, based on an Iowa formula which considers many variables. Other expenses may also be addressed such as health insurance, uncovered medical expenses, extracurricular activities and other childcare expenses. If you have a minor child from your marriage, we can help you determine a fair child support obligation using the Iowa Child Support Guidelines.
Determining custody or physical of your minor children and working out an equitable visitation schedule are some of the most difficult aspects of divorce. We will work with you to help you decide how best to care for your children both during and after your divorce. The decisions of child custody and physical care are generally determined by considering the best interests of your child, which may include an analysis of the following factors:
- The child’s age, maturity, mental and physical health
- The social, educational, moral, material and educational needs of the child
- The characteristics of each parent
- The interest level of the parent in providing for and raising the child
- The relationship between each parent and child
- The child’s relationship with siblings, if any
- The effect on the child of changing a placement
- The home environment and schedule of the parents
- The child’s wishes, depending on their age and maturity
- The results of any report made by an outside professional regarding placement
- Whether or not placement would separate a child from their siblings
- Any other important information provided to the court