Marberry Law Firm, P.C.

How to find the best divorce attorney in Des Moines

2025-10-15T18:47:54Z

Starting a divorce in Des Moines brings intense stress and a heavy emotional weight. You're likely facing one of the hardest times in your life. Understandably, it feels overwhelming. Your divorce is much more than simple paperwork, though. It's a life-changing financial and familial restructuring that requires informed guidance. You need an attorney who truly understands the complexities of Iowa law, especially for dividing assets and debts, child custody and spousal support considerations.

Equitable vs. equal: The critical difference

Iowa is a "no-fault" and "equitable distribution" state. The law recognizes that a marriage has broken down, and neither spouse must prove the other is to blame. More importantly, when it comes to property, "equitable" does not automatically mean a 50/50 split. "Equitable" means fair and reasonable based on a comprehensive set of factors. The court considers things like the length of your marriage, your age and health, your financial contributions, and the value of any property you brought into the marriage. A skilled Des Moines divorce attorney can help define what "equitable" means for your specific family and your assets. Their job is to help the court look beyond a simple, potentially unfair, split.

Key areas requiring individualized, skilled guidance

An experienced and knowledgeable attorney can directly impact the outcome of your divorce in several key areas. When looking for a lawyer, consider their track record in these three critical issues.

Complex property division (assets and debts)

Dividing property gets complicated quickly, especially when you consider items beyond a bank account balance. Your attorney must ensure all assets are correctly valued and accounted for, including:

Business valuations for companies owned by either spouse
Retirement accounts, like 401(k)s or IPERS pensions
Commingled separate property, which refers to assets, such as those acquired before the marriage or by gift or inheritance, that have been mixed with marital funds. While all property is subject to equitable division, gifts and inheritances are generally set aside and only divided if their exclusion would be inequitable.

An experienced attorney knows where to look for all assets, including those a spouse might try to hide. They fight to ensure that the final division is truly fair for you.

Child custody and the "best interests" standard

In Iowa, joint legal custody is common, allowing both parents to share decision-making for a child's health and education. However, physical care—the schedule for parenting time—is often the most significant area of disagreement. The court’s primary priority is always the child's best interests. A skilled attorney helps you articulate and prove how your proposed arrangement truly serves your child’s needs. They present a clear picture of your child’s emotional development and your ability to provide a stable, consistent environment. They ensure that the court hears your voice and understands your ability to co-parent.

Spousal support (alimony)

Unlike child support, which uses fixed guidelines, there are no strict formulas for alimony in Iowa. Judges use their discretion and consider many factors to award or deny support. Your attorney is essential to present a compelling case to the judge. They argue about factors like your need for support, your earning capacity, the standard of living during the marriage, and even nonfinancial contributions like homemaking. They are your strongest advocate in seeking a long-term, financially stable future.

What to look for in a Des Moines divorce attorney

Finding the right lawyer to guide you through this process is vital. Use these criteria when evaluating law firms in the Des Moines area:

Experience in complex cases: Look for a firm equipped to handle detailed financial, business, and child-related matters, not just simple, uncontested divorces.
Local court knowledge: Your attorney must be familiar with the judges, mediators, and local court procedures in the Polk County and Des Moines district. Valuable local knowledge helps shape a better outcome.
Communication and strategy: Your attorney should be a good listener who takes time to understand your unique concerns. They should clearly explain a strategic plan tailored to meet your individual goals.
The right fit: You must feel comfortable and secure, as this relationship can last many months, so trust and a shared vision are essential.

The right attorney makes all the difference in your divorce case. They turn a scary legal proceeding into a manageable process with a clear outcome.

Contact us to schedule a free consultation

The choice of your attorney determines whether your final decree is merely settled or truly equitable, securing your future for years to come. At [nap_names id="FIRM-NAME-3"], we handle complex divorce cases across Iowa. If you’ve already started the process but want a second opinion, please contact our firm. You can reach us by calling [nap_phone id="LOCAL-CT-NUMBER-1"] or completing our online form to schedule your complimentary consultation.

Types of alternative dispute resolution for divorce cases

2024-10-03T19:19:08Z

Divorces are commonly portrayed as battles that are won and lost in the courtroom. This isn’t necessarily a true reflection of reality. The majority of cases are settled outside of a trial, and this includes divorce cases. A more productive way to settle divorce procedures is through alternative dispute resolution (ADR). There are several types of ADR. Some of the most common are outlined below.

Mediation

Divorce mediation is one of the least combative ways to divorce. This process relies on spouses being able to communicate and compromise. While a mediator facilitates negotiations, they do not provide a ruling like a family court judge. The process relies on divorcing spouses being able to work together to come to a suitable divorce settlement.

Arbitration

Arbitration is often confused with mediation, but the process is much different. While negotiations are held outside of the courtroom, the arbitrator does come to a ruling. Each side will present their legal case, and the arbitrator will reach as objective a ruling as possible. Once a ruling has been made, it is usually sent to a family court judge for final approval.

Collaborative divorce

A collaborative divorce is a bit more structured than both mediation and arbitration. Both parties will have legal teams who argue their case. Nonetheless, the emphasis is still on communication and cooperation. While this process is more structured, it can still be cheaper and more time-efficient than a fully litigated divorce. Collaborative approaches are certainly things to consider if you’re going through a divorce. Having legal guidance will help you to make informed decisions.

If your child custody agreement requires air travel, plan now

2024-09-17T19:56:15Z

If you and your soon-to-be ex will be living thousands or even hundreds of miles apart, letting your child fly as an “unaccompanied minor” (UM) for school breaks and summer vacations may be the best way for them to spend time with their other parent. If air travel will be part of your custody and parenting time agreement, it’s important to codify some details and expectations. You’ll also need to factor expenses into your child support agreement. But, before you decide whether letting your child or teen fly alone is a good idea (or even possible), it’s important to learn more about UM programs. All major U.S. airlines have them. The rules and the costs vary. Generally, these programs accept children between 5 and 15. Kids older than the maximum age would fly as any other passenger would. Even if your child is old enough to qualify to fly as a UM, you have to determine whether they’re ready for it. While airline personnel will give special attention to children flying alone, they can’t babysit or entertain them throughout the flight.

What to consider when looking at UM programs

You’ll want to choose an airline that flies non-stop between your location and your co-parent’s. This will eliminate the potential complications inherent in changing planes and long layovers. Many UM programs require that kids take non-stop flights. It’s a good idea to go online and see what parents have to say about various airlines’ programs. While people tend to report only very good or (more often) bad experiences, this input can still be helpful.

Co-parents need to work together

Letting your child fly alone requires communication and cooperation by both parents. Having the right documentation when bringing your child to the airport is especially crucial. If your spouse is less organized and/or reliable than you, you may need to take the initiative to help ensure that your child will be allowed on the flight when your co-parent brings them to the airport. If you don’t think a UM program is right for your child, for whatever reason, it’s a good idea to consider alternatives like flying with them while they visit their co-parent and staying elsewhere during their visit or your co-parent returning to Iowa. As noted, it’s important to include some details in your parenting plan and to plan for the expenses involved. If you seek experienced legal guidance, you can potentially make these trips less chaotic for your child.

Is it possible to revert to a maiden name after divorce?

2024-09-16T09:45:41Z

Among the many questions that arise when going through a divorce is whether or not you can change your name back to your maiden name. You may be considering reverting to your maiden name as a symbolic fresh start.

The Iowa Code Section 674.13 specifically addresses name changes in divorce cases. Understanding how the law works can help to ensure you complete the process smoothly and without unnecessary delays.

Steps to take

The Hawkeye State law allows name changes as part of the divorce process, but it's not automatic. Here are some major legal steps that come in handy:

Document the name change in your divorce petition: When you file for divorce, you have the opportunity to state your desire to change your name as part of the divorce decree. Make sure the request is apparent in the petition or the response. The judge will consent to the name change request after granting the divorce.
Wait for the final divorce decree: The court will issue a final divorce decree once the divorce process is complete. If your name change request was part of the divorce, the decree will include language approving the name change. This document is important as it serves as your legal authorization to change your name with many institutions.
Notify government agencies and other institutions: After receiving the final divorce decree, notify the necessary government agencies and other organizations about your name change per the update on all your legal documents.

If you didn't request the name change during the divorce, you may still do so afterward by filing a separate petition for a name change with the court.

While it may seem like a walkover, navigating the legal system can be overburdening. It's therefore important to try to ensure that you've taken all necessary steps. In the meantime, if you encounter any legal hurdles while partaking in this process, let compassionate legal guidance help you avoid delays and protect your legal rights.

Do police officers know if a driver is high?

2024-08-31T02:04:33Z

Many impaired driving arrests are made when the driver is under the influence of alcohol. Police officers can give these drivers a breath test, which are intended to register their blood alcohol concentration (BAC). There’s an established legal limit of 0.08%. Impairment technically doesn’t refer only to alcohol. It also refers to impairment from other substances, such as marijuana. Additionally, this is why many medications come with warnings that people should not take them and then operate heavy machinery. That includes a vehicle.

There is no current test

The problem that officers face in these cases is that they don’t have the option of giving the driver a breath test that shows drug impairment. There’s no way to measure how high the driver is, and the officer may not even be able to guarantee that they are under the influence. There are drug tests, such as those used for employment. However, these take time and only give long-term results. They may show that someone has used marijuana in the past. For instance, a hair test can produce a positive result for 90 days, but that doesn’t tell the police if that person is high at the moment. As a result, it often comes down to a judgment call. The officer may claim that they smelled marijuana or that the driver’s eyes were bloodshot. That officer may administer roadside sobriety tests and say that because the driver failed the tests, they were impaired. This type of evidence is not nearly as strong as a chemical test, and field sobriety tests can produce inaccurate results for a lot of reasons. That includes an officer simply making the wrong judgment call or making mistakes while administering the tests. Those who have been arrested must know about all of their legal defense options.

Should you tell your child’s teacher you are divorcing?

2024-08-09T14:36:28Z

Most people don’t go around telling everyone they are divorcing. They prefer to maintain some privacy and only mention it to a selected few. If you have a child, you might wonder if their teacher should be one of those you tell. The answer is almost always, yes. Here is why:

The teacher spends a lot of time looking after your child

You and your spouse may have ultimate responsibility for your child, but the teacher spends a lot of hours with your child under their care. Letting them know you are divorcing can give them some important background as to why your child is behaving or performing a certain way.

It allows the teacher to help your child

Aside from understanding why your child might act a certain way, they can also look out for them. They could offer them a shoulder to cry on if needed or ask their classmates to take extra care of them over the next few weeks. They can also report back to you if there is any change in behavior or personality you need to be aware of. Depending on the age of your child, you might want to get their approval to tell their teacher before going ahead. It might be they would rather you told a different staff member who they have more affinity with. If you try to make your divorce a collaborative, rather than conflictive affair, it can decrease the negative effects on your child and increase the chance that your child’s teachers can report back that your child is coping well.

3 types of field sobriety tests

2024-08-07T20:18:08Z

If the police do not have clear evidence that a driver is drunk, they may ask the driver to perform a field sobriety test. A field sobriety test is a physical examination of the driver. The police can judge the driver during a field sobriety test and decide whether a driver shows signs of inebriation. There are three kinds of standardized field sobriety tests. Here is how each of these tests works:

1. Horizontal gaze nystagmus test

During a horizontal gaze nystagmus test, the police may hold up a finger, pen or light in front of the driver’s face. The driver will be asked to keep their head still but to focus their eyes on the object. The police will then move the object from side to side. An inebriated driver may struggle to focus their eyes on the object.

2. One-legged stand test

The driver may be asked to do a one-legged stand test. To do this test, the driver will be asked to lift one leg up slightly off the ground. The police will then have them hold this position for several seconds. If the driver drops their leg or struggles to stay balanced, then they could be inebriated.

3. Walk-and-turn test

The police may ask a driver to do a walk-and-turn test. The driver will need to stand on a line. The driver will then walk several faces forward, turn around and walk back. If the driver steps off the line or fails to follow instructions, then the police may believe they are inebriated. Failing a standardized field sobriety test does not always mean a driver is drunk. The police could misjudge them. Drivers should learn more about their legal defense options.

You can refuse to answer questions during a traffic stop

2024-07-22T16:27:47Z

If you get pulled over for a traffic stop, you can’t refuse to give the officer your driver’s license. They’re going to ask you for your identification. All drivers are required to have a license and they are supposed to carry it on them when they’re in the car. You also need to have insurance on the vehicle and it has to be properly registered, so the police officer will ask for this paperwork, as well. However, that is where your obligations end. In many cases, police officers will have other questions, such as:

Do you know why I pulled you over?
Do you know how fast you were driving?
Have you had anything to drink today?
Where are you coming from or where are you going?

But there is no obligation for you to answer any of these questions, and you can simply inform the officer that you’d rather not talk about it. Under the Fifth Amendment, you have a right to remain silent and you don’t have to say anything that would incriminate you. You can choose if you want to answer questions or not, but the police officer cannot force you to answer and they can’t arrest you for refusing.

Why do the police ask these questions?

Often, the police are just trying to see if you will admit to criminal activity. Maybe you’ll admit that you knew you were speeding, for instance, meaning they can charge you with intentional reckless driving. Or maybe you’ll admit that you had a drink earlier in the day, so the officer will use it as an excuse to arrest you on drunk driving charges. It can be dangerous to answer these questions because saying the wrong thing could lead to serious legal charges. That’s why it’s so important to know about your rights, both before and after an arrest.

How can couples address retirement funds when they divorce?

2024-07-22T16:04:56Z

Having a spouse generally makes it easier to enjoy a higher standard of living. Married couples can afford a more comfortable house because they qualify for a larger mortgage. They have more wiggle room in their budgets with two streams of income, which can make it easier to save for retirement. They also get to combine their expenses after they stop working full-time, making retirement overall more affordable. Divorcing later in life often makes people feel anxious about their retirement plans. People may worry about maintaining a separate household and the possibility of losing some of their retirement savings. What typically happens to retirement accounts when couples divorce?

Both spouses may have an interest in the retirement funds

It is quite common for retirement accounts to relate to people's work. They may have a pension or a 401(k) that their employer contributes to annually. Only one spouse may make direct contributions to the account. However, that does not mean that the account holder can treat the retirement funds as their separate property. Instead, they have to report any amounts added to the account during the marriage as part of the marital estate. They then have to integrate that value into other property division decisions. For some people, the simplest solution is to offset the value of the retirement account with other marital assets. For others, actually dividing the account might be necessary. If someone has an employer-sponsored pension, their spouse may request alimony or spousal support when they start receiving pension distributions after they retire because they cannot technically split the account. If one spouse has a 401(k), the spouses might draft a qualified domestic relations order (QDRO) to divide the funds in one account into two separate accounts. The uncomfortable reality is that retirement savings are usually vulnerable during a divorce unless there is a marital agreement stating otherwise. That being said, spouses can still plan for optimal financial stability after a divorce. Having realistic goals for property division and focusing on long-term financial recovery may help people better handle their divorce proceedings. Spouses who understand what assets they have to divide can approach negotiations with reasonable expectations.

3 tips for communicating with your spouse during a collaborative divorce

2024-07-16T19:49:50Z

If you and your soon-to-be ex-spouse have opted to go through a collaborative divorce, you need to communicate effectively to enjoy the expected benefits. Communication is the backbone of this divorce option. Here are three tips for communicating with your spouse:

Be honest

Although collaborative divorce is renowned for being peaceful, conflicts can arise. It's a myth that this divorce option is only for people who agree on everything. Thus, you need to be honest about your wishes even though they may contradict your spouse's. The professionals you work with will develop solutions to help you and your spouse find common ground in all divorce-related matters. Let your team know about your interests and limits before negotiations begin. And keep them updated if your goals change.

Be ready for many meetings

A collaborative divorce may require a few four-way meetings to be finalized or as many as it takes, depending on the complexity of the matters being discussed. Hence, you need to be ready for several meetings that may last hours. The meetings will include you, your spouse, your attorneys and other professionals (a financial professional, social workers, a divorce coach and so on). You can meet monthly, bi-monthly or so, as agreed by both sides, until you have agreed on all matters. You should also be mentally prepared for the private meetings you will have with your team.

Don't forget post-divorce communication

The communication you establish during your collaborative divorce should proceed post-divorce, particularly if you have children. You and your spouse should be on the same page to have successful co-parenting. Collaborative divorce encourages involved parties to communicate openly to create a better outcome. Learn more about this divorce process to make informed decisions.