Dissolution/Divorce Frequently Asked Questions
THORNTON, COY & HUSS, PLLC
QUESTION: What should I do if I am thinking about filing for divorce?
ANSWER: We would strongly encourage you to set-up an initial
appointment with one of our attorneys. At this initial meeting, we will
review your family's unique situation. We will cover such issues as
child custody, visitation, marital counseling, property division, spousal
support, court costs and legal fees. The initial consultation is free.
If you are thinking about filing for divorce, or if you have
just been served with a divorce papers, it is important to
consult with a qualified attorney to discuss your available legal
courses of action. If you have been served with divorce papers, you
will have 20 days from the date of service in which to file your Answer,
so you should consult with an attorney right away.
QUESTION: After meeting with an attorney, what steps need to be
taken to complete a divorce in Iowa?
ANSWER: The first step is the preparation and filing of a Dissolution
of Marriage Petition. This Petition will list the general information
about you, your spouse, and your children if applicable, and outline
the action you want the Court to take in your particular case. This
document is filed with the Clerk of Court and then must either be
served upon your spouse by a sheriff or private process server. In
order to save the cost of service by the sheriff or private server, your
spouse can accept service of the Petition. Once service is
accomplished, the ninety day waiting period begins to run.
During the ninety day waiting period, most attorneys will work to come
to a joint settlement agreement between the parties, so that a trial will
not be necessary. If a joint settlement agreement can be reached,
the parties should not have to go to Court to finalize the dissolution.
If children are involved, the parties will need to complete a Children
in the Middle course. The providers of this class can be found at the
Iowa Supreme Court website. (Click to go to Children in the Middle)
If the parties cannot agree on a settlement of all terms, in most Iowa
counties the matter will be set for mandatory mediation and for trial.
Even though a case is set for trial, it can still be resolved through a
settlement agreement prior to trial. Or if the parties cannot agree on
all the terms of their divorce, they can agree to have a Judge decide
only the few issues remaining, in order to save the parties time and
money.
QUESTION: How can I go about changing the current custody or
visitation arrangement I have with the other parent?
ANSWER: It is preferable if the two parties can agree on the changes
they wish to make. An attorney could then be hired to memorialize
the agreement and have it filed with the Court. If the parties cannot
agree, an action can be filed in court so long as there has been a
“substantial change in circumstances” and the best interests of the
child warrants a change in the current custody or visitation
arrangement.
QUESTION: What if I need to change the amount of child support I
currently pay/receive?
ANSWER: If a person receives their services, he or she may contact
the Child Support Recovery Unit at the Department of Human
Services (Click to go to Child Support Recovery) to see if they are
able to file an administrative action to modify the amount. If that
agency is unable to help, one should seek consultation with a
qualified attorney to see if your case can be modified by filing a civil
action.
If you have additional questions and might be interested in hiring an
attorney to assist you, please email robyn@tchlaw.net, or call 515-
233-2052, to set up a free initial consultation.
ANSWER: We would strongly encourage you to set-up an initial
appointment with one of our attorneys. At this initial meeting, we will
review your family's unique situation. We will cover such issues as
child custody, visitation, marital counseling, property division, spousal
support, court costs and legal fees. The initial consultation is free.
If you are thinking about filing for divorce, or if you have
just been served with a divorce papers, it is important to
consult with a qualified attorney to discuss your available legal
courses of action. If you have been served with divorce papers, you
will have 20 days from the date of service in which to file your Answer,
so you should consult with an attorney right away.
QUESTION: After meeting with an attorney, what steps need to be
taken to complete a divorce in Iowa?
ANSWER: The first step is the preparation and filing of a Dissolution
of Marriage Petition. This Petition will list the general information
about you, your spouse, and your children if applicable, and outline
the action you want the Court to take in your particular case. This
document is filed with the Clerk of Court and then must either be
served upon your spouse by a sheriff or private process server. In
order to save the cost of service by the sheriff or private server, your
spouse can accept service of the Petition. Once service is
accomplished, the ninety day waiting period begins to run.
During the ninety day waiting period, most attorneys will work to come
to a joint settlement agreement between the parties, so that a trial will
not be necessary. If a joint settlement agreement can be reached,
the parties should not have to go to Court to finalize the dissolution.
If children are involved, the parties will need to complete a Children
in the Middle course. The providers of this class can be found at the
Iowa Supreme Court website. (Click to go to Children in the Middle)
If the parties cannot agree on a settlement of all terms, in most Iowa
counties the matter will be set for mandatory mediation and for trial.
Even though a case is set for trial, it can still be resolved through a
settlement agreement prior to trial. Or if the parties cannot agree on
all the terms of their divorce, they can agree to have a Judge decide
only the few issues remaining, in order to save the parties time and
money.
QUESTION: How can I go about changing the current custody or
visitation arrangement I have with the other parent?
ANSWER: It is preferable if the two parties can agree on the changes
they wish to make. An attorney could then be hired to memorialize
the agreement and have it filed with the Court. If the parties cannot
agree, an action can be filed in court so long as there has been a
“substantial change in circumstances” and the best interests of the
child warrants a change in the current custody or visitation
arrangement.
QUESTION: What if I need to change the amount of child support I
currently pay/receive?
ANSWER: If a person receives their services, he or she may contact
the Child Support Recovery Unit at the Department of Human
Services (Click to go to Child Support Recovery) to see if they are
able to file an administrative action to modify the amount. If that
agency is unable to help, one should seek consultation with a
qualified attorney to see if your case can be modified by filing a civil
action.
If you have additional questions and might be interested in hiring an
attorney to assist you, please email robyn@tchlaw.net, or call 515-
233-2052, to set up a free initial consultation.
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Our firm's mission
is serve each client
in a prompt and
personal manner.
is serve each client
in a prompt and
personal manner.
Contact Us:
Ames - 515-233-2052
Ankeny - 515-964-1825
info@tchlaw.net
Ames - 515-233-2052
Ankeny - 515-964-1825
info@tchlaw.net