WHEN IT COMES TO FAMILY LAW, NO QUESTION COMES WITH A SIMPLE ANSWER.
JUST LIKE FAMILIES, THINGS CAN BE COMPLICATED AND NO TWO CASES ARE THE SAME./
While the answers vary from one situation to another, the questions are often similar. People have the same concerns and want the same things. They generally want to resolve disputes and stabilize the lives of family members. Yet, the paths people take to achieve these goals can be very different, and conflict is common in family law cases.
Some of the most frequently asked questions include:
- “I think I want a divorce; what do I do?”
- “My spouse wants a divorce; how is our property divided?”
- “I’m getting divorced; who will get custody of our kids?”
- “Can my ex take my kids from me?”
- “My spouse wants a divorce; am I entitled to alimony?”
- “Who gets the house in a divorce?”
- “How does custody work if the parents aren’t married?”
- “If my ex isn’t paying child support, do I have to allow visitation?”
These are common questions, and the attorneys at Hall & Wingert, P.L.C. have answers for you.
“What is Family Law?”
Family law is a term that encompasses a diverse range of issues, including marriage, divorce, child custody, child support, adoption, paternity, protective orders, and many other issues which are far-reaching and life-altering. When a family faces hard choices, the consequences are emotional and complicated. Family law issues can stir up a lot of negative emotions such as pain, sadness, embarrassment, and resentment. They are rarely resolved without issue or discord, and trying to handle these issues without representation often complicates matters. Help is available, and you may find comfort in knowing a lawyer is on your side.
The experienced family law attorneys at Hall & Wingert, P.L.C., always focus on your needs and desires, and work to resolve all issues you are facing in the most effective, pragmatic, and efficient manner while also offering counsel regarding all available options. We understand that every case is different, and we develop a strategy based upon your individual needs. If you need advice about a divorce, custody, support modification, or guardianship, we offer free consultations and will help you find the best solution for you. With attorneys licensed in both Iowa and Nebraska, we can help you understand your rights and guide you through the process.
Our Family Law attorneys offer representation in the areas of:
- Farm Divorce and Dissolution
- Military Divorce, Dissolution and Modifications
- Interstate Custody and Child Support
- Prenuptial or Premarital Agreements
- Domestic Abuse
- Juvenile Law
- Legal Separation
Call our family law attorneys today at (712) 226-4255 to schedule your free initial consultation.
Resources for Victims of Abuse
If you feel you are in an abusive relationship, or have recently left an abusive relationship, please contact the following agencies for help in seeking safety:
- National Domestic Violence Hotline
- The Council on Sexual Assault and Domestic Violence (CSADV)
Crisis Line: 1 (800) 982-7233
Divorce, or Dissolution of Marriage, is one of the most common family law issues. In fact, most people know someone who has gone through a divorce and have heard their horror stories. This creates an abundance of false and incorrect information being thrown at you from every direction. However, every divorce is different, and often the individuals getting divorced have very different perspectives from one another regarding the issues involved in their divorce.
That is why it is important to seek an attorney that will listen to your questions and concerns and advise you as to your rights and responsibilities based on the specific facts of your case.
Continue to our Divorce page to read more about our practice and how we can help.
A divorce may include decisions regarding custody of children, a parent’s visitation with the children, child support for the children, and distribution of property and debts. Often, a hearing on temporary matters will be necessary to provide guidelines for the parties to follow while the divorce is pending. An important issue that can be resolved at such a hearing is determining who will stay in the family home.
It is important to note that even if a marriage ends on good terms, you need legal guidance, as one small mistake or oversight could have serious consequences. Once a divorce decree is final, a property division cannot be changed in most situations, and you’re most likely stuck with the terms. That’s why you need a family law attorney to help you through this difficult time.
If you and your spouse are committed to keeping your divorce or family law matter out of court, the family law attorneys at Hall & Wingert will strive to accomplish this for you through various means such as negotiation, mediation, and stipulation agreements drafted to ensure fairness and clarity.
When resolution is not possible, the family law attorneys at Hall & Wingert will guide you through the process with sensitivity and compassion. We will provide you with the information necessary to make informed decisions and advise you thoroughly regarding procedure and strategy.
Protect yourself and your children by getting legal help with your divorce. Call us today at (712) 226-4255 to schedule your free initial consultation.
The term “custody” is often used to describe issues of legal custody and physical care. When it comes to the custody of your children, you will want to develop an agreement that will provide the best possible outcome for their futures, but you also need to protect your financial interests. Parents should never try to negotiate child custody or support obligations without the help of an experienced child custody attorney. The laws and guidelines can be difficult to understand, and a mistake could mean returning to court later, which could ultimately adversely affect your children.
Iowa courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. When possible, and if in the best interest of the children, the courts want to support joint custody arrangements. Iowa Child Custody Laws govern child custody decisions and procedures.
Legal custody describes your legal right to be involved in major decisions affecting the health, education, and welfare of your child. Joint legal custody, when it is in the best interest of the children, is preferred in the State of Iowa; it provides that both parents have equal rights in major parenting decisions, neither of which is superior to the other. Sole legal custody will be granted only in exceptional circumstances.
Physical custody is often used to describe the party who takes care of the children’s day-to-day needs or who the children live with the most. In Iowa, there is joint physical care or primary care. Joint physical care, or shared care, of a child generally means that the parents have an approximately equal amount of time with the children. Primary care is a commonly contested issue. Primary care provides that one parent, the custodial parent, cares for the child most of the time subject to the noncustodial parent’s right of visitation, or parenting time.
Child Custody cases can be stressful. Read more about how we can help.
Courts will now consider joint physical care when it is in the best interest of the children, even if one parent is not agreeable to joint physical care. If the Court denies a request for joint physical care, it must state reasons why joint physical care is not in the children’s best interest. Joint physical care may be granted if the parties can work together, communicate, and both parents have had significant involvement in caretaking responsibilities throughout the marriage.
If one parent is granted primary physical care, then the other parent shall receive rights of visitation intended to provide for the maximum continuing physical and emotional contact with the child. This can be accomplished in several ways. A traditional visitation schedule is every other weekend from Friday night to Sunday night, alternating holidays with a couple of extended visitations during the summer. Visitation schedules sometimes include midweek visitation.
At Hall & Wingert, we recognize that everyone has different schedules and value different things. What may work for one set of parents may not work for another. So, we evaluate each custody matter individually and develop creative, workable solutions unique to the situation.
In the state of Iowa, child support is calculated pursuant to guidelines created by the Supreme Court of Iowa. Child support obligations should be calculated according to the guidelines unless there is good cause for deviation. Good cause may be established if a deviation will ensure justice between the parties or better provide for the needs of the children.
A child support calculation is based upon both parents’ incomes and allows for deductions related to the direct support of the child, such as medical insurance and daycare expenses. Federal and State income taxes, social security taxes, health insurance, and child care are examples of allowable deductions. Child support is important for providing for the child; however, it is important to have a skilled representative help you calculate an accurate child support obligation that is not excessive, as there are serious consequences for failure to pay a child support obligation.
Let us help you
Family law is diverse and can include many other areas, such as premarital agreements, paternity, guardianship, alimony, adoption, and many more. The family law attorneys at Hall & Wingert provide our clients and their loved ones compassionate, effective representation. Call us today to schedule a free initial consultation. (712) 226-4255.