Des Moines Divorce Lawyer | Baer Law Office

We Handle Uncontested and Contested Divorce Cases in Des Moines and throughout Iowa

At Baer Law Office, we have an office in Des Moines but frequently handle divorce matters throughout the State of Iowa. Our divorce attorneys have experience working in all the counties in Iowa. We are knowledgeable, experienced and aggressive advocates for clients. We know that ending a marriage can be extremely stressful. There are many legal, logistical, financial, and emotional issues that must be resolved. Even if you know that a divorce is ultimately the right decision, the process is still hard. Our team is here to protect your rights and your interests. If you have any questions about divorce, we are more than ready to help. Contact us at our Des Moines law office for a fully confidential consultation with one of our top Iowa divorce lawyers. See why the Baer Law Office has been voted Best Law Firm in the Des Moines area ten years in a row by our clients.

An Overview of Divorce Laws in Iowa

Divorce is part of life. As many as 50 percent of marriages will eventually end in a divorce or separation. Of course, that does not make it any easier for the person going through it. Divorce cases are handled at the state level. If you are getting divorce in Iowa, then your case will typically be governed by Iowa law. Here are key points to know about the divorce laws in Iowa:

Residency Requirement: You can get a divorce in Iowa even if you were married in another state. However, you must satisfy our state’s residency requirement to file for a divorce here. If your spouse lives in Iowa, then you can file for divorce here. But if your spouse does not live in Iowa you must live in Iowa for a year to file in Iowa. There are some exceptions but generally these are the requirements. You should file for divorce in the county where you (or your spouse) live. If you are getting divorce in Des Moines, you will file for divorce in Polk County.

Iowa is a No-Fault Divorce State: Fault is not a factor in determining whether a divorce will be granted in Iowa. Indeed, our state is solely a no-fault divorce state. In other words, neither you nor your spouse needs to prove any marital misconduct by the other to obtain a divorce. One party cannot stop the other from obtaining a divorce. Of course, bad acts and character that affect children may be relevant to custody issues. To obtain a divorce one spouse must believe that there are irreconcilable differences—an irretrievable breakdown of the marriage—as the grounds for getting a divorce in Iowa. Courts do not assign fault.
90-Day Waiting Period. Iowa law typically requires the parties to wait 90 days for a cooling off period before the divorce will be granted. The 90 days period begins to run after the other party has been served with the divorce. In some cases, we can have the 90 days waived if both parties agree and the Court finds good cause to do so.
Equitable Distribution for Property Division: Under Iowa law (Iowa Code § 598.21), a divorcing couple’s marital property is split up in an equitable manner. A 50/50 split of the marital property (and debts) may be granted—but that is not guaranteed as a matter of law. Sometimes 50/50 may not be fair. If there is a dispute over property rights in a divorce, the court will determine what type of distribution is “equitable” or “fair” given the specific circumstance of the case. Property division can be one of the most challenging aspects of a divorce in Iowa.
Best Interests of the Child for Custody/Visitation: Parents going through a divorce must negotiate custody and visitation rights if their kids are still minors. Under Iowa law (Iowa Code § 598.1), the court determines custody and visitation arrangements with the primary consideration being the best interests of the child. There are several factors the Court will consider. In other words, the court must figure out what type of custody and visitation arrangement is best for the health, safety, emotional well-being, and development of the child. Our divorce lawyers help parents in Des Moines and the State of Iowa negotiate and fight for custody solutions.

Most divorces settle without a trial. We typically use mediation to try and resolve all the issues if the parties are unable to do so without the help of their attorneys and a mediator. If the parties still cannot agree on all issues, then the case will proceed to trial. The attorneys at the Baer Law Office try hard to help our client settle their cases to avoid the cost of a trial. Most times that works. But if it does not, we are always prepared for court.

We Handle All Aspects of Divorce Cases in Des Moines

Getting a divorce in Des Moines is about a lot more than simply filling out and submitting paperwork. The divorce process is about disentangling your life from your spouse and setting yourself up for life after divorce. At the Baer Law Office, we handle the full range of family law issues that can arise during a divorce. Among other things, our Des Moines divorce attorneys have experience working on cases throughout Iowa that involve these types of issues:

Property division including retirement accounts, businesses and real estate;
Debt division;
Spousal maintenance or alimony;
Child custody;
Parenting time; and
Child support.

Mediation and Working on a Solution with the Other Party Often Works Best

Most people do not want a custody battle or an expensive divorce. While conflict in a divorce is a part of the process, people generally are interested in trying to find an amicable solution that works for the family and keeps the legal fees down. Our highly rated divorce lawyers put an emphasis on helping clients find creative solutions when possible. We have extensive experience working with the other side to try to find a settlement everyone can live with. We also have extensive experience with divorce mediation. Most cases are settled at mediation. The cases that typically do not settle usually involve child custody or spousal support issues. If a trial is needed the attorneys at the Baer Law Office will be prepared to fight for your wishes. We have an excellent reputation in the legal community and are often hired by other attorneys who are going through a legal problem. As a result of our experience, our clients have voted us Best Law Firm in the Des Moines area for the last 10 years in a row. We have experience with high conflict contested divorce cases. Our team is always ready to fight aggressively to protect your legal rights if that is required.

How the Baer Law Office Attorneys Can Help

We are committed to providing proactive and personalized legal guidance and support to clients who are going through a divorce. We understand we are part of your team. Our job is to educate you about your options and the process. We get that we are in the customer service business. That is why the Baer Law Office was voted Best Law Firm for 10 consecutive years. We have three experienced lawyers at the firm who all work hard for our clients. We have wonderful and smart legal assistants who help our clients gather the information needed for their case. We invest the time and resources into every family law case that we take on. Among other things, our Iowa divorce lawyers are prepared to:

Listen to your story and answer questions about the divorce process;
Investigate the matter—gathering all relevant documents, records, and information;
Handle all of the legal paperwork associated with your divorce case;
Represent you in any divorce settlement negotiations or mediation with your spouse;
Prepare for trial if needed; and
Take whatever action is necessary to protect your rights and help you obtain the best outcome.

Contact Our Des Moines Divorce Attorneys Today for Help in Des Moines or Anywhere in Iowa

We have an office in Des Moines, Iowa. But it is not unusual for us to travel the State of Iowa representing clients. In today’s world, most of our hearings are held via Zoom so travel is usually required for trials. Our divorce lawyers are skilled experienced advocates for clients. We can help you navigate the full range of family law issues that arise in a divorce. If you have any questions about the legal process, please call us at (515) 279-2000 or contact us online for your confidential consultation.