Des Moines Contested Divorce Lawyers

Aggressive, Results-Driven & Effective

Are you and your spouse struggling to come to terms about an impending divorce? Are the issues too complex, too weighty, or too emotionally explosive for you to reach any kind of compromise? Trying to reach a divorce agreement can be a messy and draining matter in which even the best of intentions can fail. Where children, money, home, and other deeply personal and sensitive matters are involved, emotions can run high. Highly complex financial situations, blended families, and other circumstances can further complicate the process.

If you and your spouse cannot agree on the issues involved in your divorce, it is essential to turn to an attorney you can trust to protect your legal rights and ensure that your best interests are represented. At Hope Law Firm, we have handled thousands of family law cases in and around the Des Moines area. Our Des Moines contested divorce attorneys have earned a reputation for outstanding legal work in this field through knowledge and skill both inside and outside the courtroom. We will work tirelessly to help you reach a settlement through negotiation; but, when necessary, we will go to trial. When we go to trial, we go fully armed in search of a favorable result on your behalf.

Iowa Contested Divorce Cases

In order to petition for a divorce, called dissolution of marriage in Iowa, you must have been a resident of the state for one year. Since Iowa is a no-fault state, you are not required to show proof that your spouse committed any marital misconduct. You are required, however, to show proof that the marriage is irretrievably broken and cannot be restored. This proof can be supplied by testimony from friends, family, co-workers, or neighbors. It can also be demonstrated through written documentation such as copies of text messages or other communications.

Contested divorces often involve disagreement over the many issues that must be brought to a settlement, such as:

• Division of property
• Alimony
• Child support
• Child custody and visitation
• Apportionment of debt

When these issues cannot be negotiated between the two parties, the case will be set for trial where a judge presides and make decisions based on the evidence presented.

The Process of a Contested Divorce

Here’s an overview of the legal process of a contested divorce in Iowa:

1. Filing the Petition: One spouse (the petitioner) begins the process by filing a petition for dissolution of marriage with the district court. The petition outlines the grounds for divorce and the desired outcomes regarding custody, support, and property division.
2. Service of Process: The petitioner must serve the other spouse (the respondent) with the divorce papers, usually through a process server or sheriff. The respondent then has a limited time to file an answer, typically 20 days.
3. Response and Counterpetition: The respondent files an answer, either agreeing or contesting the claims in the petition. The respondent may also file a counterpetition to request different terms.
4. Discovery: During discovery, both parties exchange information and documents relevant to the case. This may include financial records, asset valuations, and any evidence related to custody or support issues.
5. Temporary Orders: Either spouse may request temporary orders from the court to address immediate needs such as temporary child custody, support, or exclusive use of the marital home. These orders are in effect until the final divorce decree is issued.
6. Mediation: Iowa courts often require mediation to encourage spouses to resolve their disputes without a trial. If mediation is successful, the agreements reached are submitted to the court for approval.
7. Pre-Trial Conferences: If mediation fails, the case moves forward to a pre-trial conference, where the judge will review the issues in dispute, clarify the matters to be decided, and discuss any remaining settlement possibilities.
8. Trial: If the parties cannot reach an agreement, the case proceeds to trial. Both spouses present their evidence and arguments before the judge, who will make final decisions on all contested issues.
9.  Final Decree: After considering the evidence and legal arguments, the judge issues a final decree of divorce, which outlines the terms of property division, child custody, support, and any other relevant matters.
10. Appeal: Either party can appeal the court’s decision if they believe there was a legal error. Appeals must be filed within a certain time frame and are heard by a higher court.
11. Post-Divorce Modifications: After the divorce is finalized, either spouse may request modifications to orders related to child custody, support, or alimony if there is a significant change in circumstances.

A contested divorce can be a lengthy and complex process, often requiring skilled legal representation to navigate the legal challenges and protect one’s rights.

Hope Law Firm’s Outstanding Reputation

Our firm has been peer-reviewed and rated as having the highest level of professional excellence by Martindale-Hubbell®. We bring exceptional knowledge of the law and the court system to every client. When facing the turmoil of a contested divorce, you can rely on our Des Moines divorce attorneys for the effective legal support you need.