Traditional Divorce
Traditional divorce in Iowa is the legal process of dissolving a marriage. This process involves not only legally ending the marriage, but also resolves issues such as child custody, child support, property division, retirement accounts, debts and real estate. In a Traditional Divorce, the divorce will be filed directly with the court and will be subject to court dates, deadlines and other requirements ordered by a Judge. Unless the parties reach settlement, the case will proceed to trial and Judge will determine the outcome of the divorce proceeding.

Does it matter who files first?
In Iowa, there is generally no difference or advantage to being the party to file. The party filing will be required to the filing fee to the Clerk of Court of $185.00. This will be added to the court costs which may be assessed to one party or divided between the parties.

Do I have to say why I want the divorce?
Iowa is considered a “no-fault” state meaning that the person filing for divorce does not have to list things like irreconcilable differences or infidelity.

How long does it take for the divorce to be final?
Iowa has a mandatory 90-day waiting period from the time the responding party is served. Under special circumstances, this waiting period may be waived the Judge. Depending on the complexity of the case, it may take longer to finalize, even if there is an agreement between the parties.

Do I have to go to court?
If both parties complete all of the court’s requirements and reach an agreement, the Judge will typically finalize the divorce without having the parties appear in court. If there are issues that cannot be resolved, it is likely that a party may need to go to court for the Judge to decide what will happen.

Can an attorney represent both people in a divorce?
That does not mean that both people will need an attorney but the attorney can only represent one party during the process.

How much does it cost for a divorce?
In addition to the filing fee and court costs, if someone hires an attorney there will likely be legal fees. The fees are very case-specific and having an initial consultation can allow both the potential client and the attorney to discuss the costs that may be involved.

What is Children in the Middle?
This is a program in Iowa ordered by the Judge for each parent to complete whenever a divorce involves children or custody case is pending. The Judge will direct the parties to complete the program within a certain amount of time. Parties do not have go to the program together and can attend different sessions of the program.

What if both people agree on everything?
If the parties agree on all of the terms, the parties may enter a written agreement that states the agreement. A qualified attorney can assist in helping clients know what is required to be included in the agreement.

Traditional Divorce
Traditional divorce in Iowa is the legal process of dissolving a marriage. This process involves not only legally ending the marriage, but also resolves issues such as child custody, child support, property division, retirement accounts, debts and real estate. In a Traditional Divorce, the divorce will be filed directly with the court and will be subject to court dates, deadlines and other requirements ordered by a Judge. Unless the parties reach settlement, the case will proceed to trial and Judge will determine the outcome of the divorce proceeding.

Does it matter who files first?
In Iowa, there is generally no difference or advantage to being the party to file. The party filing will be required to the filing fee to the Clerk of Court of $185.00. This will be added to the court costs which may be assessed to one party or divided between the parties.

Do I have to say why I want the divorce?
Iowa is considered a “no-fault” state meaning that the person filing for divorce does not have to list things like irreconcilable differences or infidelity.

How long does it take for the divorce to be final?
Iowa has a mandatory 90-day waiting period from the time the responding party is served. Under special circumstances, this waiting period may be waived the Judge. Depending on the complexity of the case, it may take longer to finalize, even if there is an agreement between the parties.

Do I have to go to court?
If both parties complete all of the court’s requirements and reach an agreement, the Judge will typically finalize the divorce without having the parties appear in court. If there are issues that cannot be resolved, it is likely that a party may need to go to court for the Judge to decide what will happen.

Can an attorney represent both people in a divorce?
That does not mean that both people will need an attorney but the attorney can only represent one party during the process.

How much does it cost for a divorce?
In addition to the filing fee and court costs, if someone hires an attorney there will likely be legal fees. The fees are very case-specific and having an initial consultation can allow both the potential client and the attorney to discuss the costs that may be involved.

What is Children in the Middle?
This is a program in Iowa ordered by the Judge for each parent to complete whenever a divorce involves children or custody case is pending. The Judge will direct the parties to complete the program within a certain amount of time. Parties do not have go to the program together and can attend different sessions of the program.

What if both people agree on everything?
If the parties agree on all of the terms, the parties may enter a written agreement that states the agreement. A qualified attorney can assist in helping clients know what is required to be included in the agreement.

Collaborative Divorce
Collaborative Divorce is a unique opportunity that that allows the parties to have more control over the way their divorce is handled. Through this process, each party has a trained collaborative lawyer for representation and to give each party legal advice and advocacy. However, the parties and their attorneys cooperate to reach resolutions. This may include outside resources, if needed, to resolve their issues. Those resources may include mental health professionals, financial planners and other professionals that can assist in the process. The process allows the parties resolve their case prior to court involvement and can give parties more control over the length of time required to reach an agreement. The parties may meet together with their attorneys one time or multiple times to come to an agreement. This process can give the parties a chance to try to come to resolution as a unit and a team approach. This does not mean there will not be disagreements and tough issues to resolve, however, this process allows the parties more influence on how these disputes are handled. If the parties are not able to resolve their case through the Collaborative process, neither party’s attorney may represent the parties in court action. Each party will be referred to a different attorney to assist them through trial.

Is Collaborative Law required?
No. Using a collaborative approach to handling a case is a voluntary process. Both parties must agree to use the process of collaboration.
How long does it take to finish a case using Collaborative Law?
There is no set time for how long the parties will collaborate. For some cases, it may decrease the amount of time to reach an agreement. In other cases, the parties may decide to take additional time to address all of the issues before the documents are filed with the court.

Is Collaborative Law more expensive than litigation?
Each case is unique. In some cases, the collaborative process may save the parties much of costs that may be used for trial. In other cases, the parties may choose to take more time and resources to address their issues.

Do parties meet separately or together?
Through the collaborative process, the parties may meet with their attorney’s separately in addition to meeting together. The parties and their attorney’s openly communicate each other and to the parties to try to reach a resolution for the parties.

Mediation
Mediation is an opportunity for parties to have a meeting or multiple meetings to resolve all or some of their issues, with the potential to not have to have a trial, hearing or appearing in front of a Judge. A mediator is a trained, neutral party who meets with the parties (and often their respective attorneys) to conduct the mediation. If an agreement is reached, the agreement is documented and typically signed by the parties. If an agreement is not reached, the parties may proceed with their case to hearing or trial.
How does the mediation process start?
Mediation will typically start by either the parties voluntarily retain a mediator prior to filing court action or if court action has already began, by court order. Not all districts in Iowa require mediation but it is required in the majority of the State of Iowa.

Does the mediator decide what happens?
No, the mediator does not give either party legal advice. The mediator’s job is to try help the parties reach an agreement. If the parties cannot reach an agreement, the mediator does not make the decisions regarding the case.

Do both parties have to be in the same room?
The parties often will be in separate rooms with their attorneys and the mediator will go back and forth between the two rooms, working with the parties to negotiate a settlement.

Who pays the mediator?
The parties typically will split the cost of the mediation costs.

ow long does mediation last?
There is no set time that a mediation lasts, however, 3 hours would be a general timeframe.

What are the benefits of mediation?
There are many benefits to mediation. One of the best reasons is that it gives the parties a change to resolve the issue without having to go to court. Many people do not want to enter a courtroom or go through a trial and this is an opportunity for the parties to meet with a neutral person to resolve their issues. Mediation can also save money that would be spent during litigation. If an agreement is reached, it can also reduce conflict and stress that may people experience through the process of trial.

Parenting Coordination
The Parenting Coordination process assists parents in high-conflict custodial disputes use an alternative approach to resolving issues with the focus remaining on the children. A Parenting Coordinator (PC) can be assigned to a case by court order or the parties may voluntarily agree to the use of the Parenting Coordinator by contract. The Parenting Coordinator is a neutral, trained person who works with the parents to resolve their disputes regarding their parenting issues and, in some cases, assist in making decisions for the parents when they cannot agree. A Parenting Coordinator does not represent the children. The Parenting Coordinator provides assistance to the entire family with the goal reducing the amount of conflict. The Parenting Coordinator does not get legal advice to the parties.
How is a Parenting Coordinator involved in a case?
A Parenting Coordinator may participate in a case by contract or by a judge appointing a trained Parenting Coordinator to a case.

Who pays for the Parenting Coordinator?
The Parenting Coordinator is paid as agreed through a contract or by the judge ordering how the costs will be assessed.

What kind of issues can a Parenting Coordinator help with?
Parenting Coordinator’s can assist families before, during or after a case is resolved. The Parenting Coordinator can serve the family by assisting in decision-making when the parties have conflict regarding issues such as visitation, child expenses and scheduling. The Parenting Coordinator can also assist by making recommendation to the parties or to the judge regarding other custody issues when the parties have cannot agree, such as therapy, medical care, education, and communication.

Is the Parenting Coordinator the same as a Guardian ad Litem (GAL)?
A Guardian ad Litem (GAL) is appointed to represent the interests of a child. A Parenting Coordinator is appointed to assist the family unit as a whole.

Child Custody
For many people, child custody is their primary concern during the divorce process or custody case. In Iowa, there are generally two types of custody, legal custody and physical custody. Legal custody will address the rights and responsibilities as a parent. Parties may share joint legal custody, generally meaning they have equal legal rights to the children. The Judge may order that one parent have sole legal custody under appropriate circumstances. Physical Custody is generally who has the children in their care and how often. The Judge may order primary physical care to one parent and the other party may be granted visitation. The courts may also order that the parents share the children on a 50/50 schedule, often referred to as joint physical custody. There are many factors that the Judge may consider when determining custody. Having a knowledgeable attorney discuss these factors can be helpful in discussing which options are possible for both legal custody and physical custody.
If I have not been allowed to see my child, can I still request custody or visitation?
Generally, yes. The court will consider numerous factors when determining who should have custody and visitation. This may include the age of the child, the living arrangements of the parents, and why the contact has been denied.

What if we have an agreement for visitation but nothing has gone to court?
The agreement would not be court-enforceable unless a Judge has approved the agreement. If one parent decides they don’t want to follow the agreement, they generally are free to do so. Having a court order can help resolve disputes and protect parents from being denied access to the child.

What if one parent won’t let me see my child?
If one parent is denying contact between a child and a parent and a case is filed, the Judge may intervene and decide when each party will see the child. This may be on a temporary or permanent basis.

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Divorce Attorney, Advocate Kazi m,
Iqbal
Advocate Kazi m,Iqbal is attorney who focuses his practice in the area of Family Law, including cases involving divorce, custody, child support, guardianship, termination of parental rights, mediation, property and asset division, establishment and disestablishment of custody and adoption. advocate kazi m, iqbals also a Mediator, Parenting Coordinator, and is certified in Collaborative Law. Through his years of experience, He is committed to assist hIs clients through the often difficult and emotional processes that surround family law issues.
“I believe in developing strong relationships with my clients. Each case is unique and every individual’s needs are different. My goal is to always get the best possible outcome for my clients, which requires not only knowledge of the law, but also the ability to problem-solve and develop alternative options to fit the needs of each case. I take great strides to ensure my clients’ case will be handled primarily by me, not staff members or handing your case off to another attorney. I believe this is important because in order to get the best possible result, we must work together. I take the time to explain the legal process in a way that is understandable, as legal language can be confusing. I want to help you each step of the way and be there to guide you through what may be the most difficult time in your life. Legal proceedings can be the one of the most stressful events in people’s lives. Having the peace of mind knowing that your attorney is doing everything possible to work hard on your behalf can make all of the difference.”