Frequently Asked Questions (FAQ)

Help for Difficult Legal Problems

These are some of the questions we often get during consults or from clients. Keep in mind that these are intended to be general answer and that your specific situation may be different.  My aim is to give you a general overview of the topic and the various considerations that will influence the answer in your specific case.

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How long will the divorce take?

In Iowa, there is a 90-day waiting period between when the divorce is served on the Respondent and when the final decree can be entered. In some circumstances the waiting period can be waived. Beyond the timelines required by the court, the biggest influence on time is how many contested issues there are in your divorce and whether you will need to go to trial.

Do I need an attorney?

The short answer is yes. If you can hire an attorney, you should do so, even if that means you can only hire an attorney for a case review consultation. Our attorneys can take time to go over your specific situation with you and help you map out a plan for moving forward, even if you are not able to hire us for full representation.  We can also help you prepare documents that the court requires or prepare for a hearing.  Even if you have been representing yourself, you can book an appointment with one of our attorneys to review the final agreement or stipulation to make sure it is legally sound and in your best interests. For the cost of one attorney hour, you could potentially save yourself thousands of dollars. It always costs more in both time and money to correct mistakes than prevent them. We know that not everyone can afford full representation. However, it is well worth it to hire an attorney for as much assistance as you can afford.

Isn’t my retirement account my own property?

Any money earned during the marriage is marital property. The wages you have set aside in a retirement account for when you are no longer able to work are still the property of the marriage if they were earned during the marriage. If some of the funds were earned before the marriage, there are formulas to determine what the marital share is.

What about my inheritance or gifts from my family? Are those marital property?

In most states inheritance or gifts are not marital property. However, be aware that an inheritance or gift can become marital property, depending on how you use it. For instance, you receive an inheritance of $10,000 from your uncle. You deposit the money in a joint marital account. You don’t use it on anything specific, but instead as a cushion for unexpected expenses. It may be difficult to determine where that money went, and a court might find that it is inequitable to require the marriage to pay that money back to you.

Is there an advantage to filing first?

There is no huge legal advantage to filing first. By filing first, you may be able to choose the venue if there is more than one appropriate venue (location) to file the divorce in. However, if you both live in the same county, there will likely be only one venue where the divorce can be filed. Depending on the law or local rules where you file, the person who files might have some choices in who presents evidence first in a trial or may have some additional control over the proceedings. A Greenberg Law attorney will know of any particular advantages in your local area, if any.

I offer reasonable flat fees. To schedule your consultation and case review call 515-635-5298 or contact me online. Get a free book, "Where to Start Divorce," when you book a consultation!