Summary of Iowa Divorce Law

What should I know about divorce in Iowa?

  • It is not hard to get a divorce, it does take time.
  • You must plan and make decisions before you begin a divorce.
  • Iowa is a “no-fault” state. This means you do not have to prove your spouse caused your marriage to fail.
  • Your spouse does not have to prove you caused your marriage to fail.
  • The Court will let you get a divorce if you, or your spouse, say the marriage is broken and cannot be mended.


How long must I live in Iowa before I can file for a divorce?

  • You must live in Iowa for one year before you can file a divorce.
  • If your spouse lives in Iowa, you may be able to file now.


What is “common law” marriage?

  • This means a couple may be married even if they did not have a wedding with a marriage license. Instead of a license and a ceremony, it may be that:
    • The couple told people they are married (and they are not married to anyone else)
    • They live together as spouses
    • They share a last name
    • They have joint bank accounts

(Common law marriage information).


Can I file a divorce without a lawyer?

  • It is not easy to file a divorce on your own. There are a lot of rules you must follow.
  • You do not have to use a lawyer. You can file a divorce without a lawyer.
  • A lawyer can help you understand what to do.
  • A lawyer can tell you your rights.
  • Pro Se or Self Represented Litigant are the terms used to mean a person is filing by themselves.
  • The Iowa Judicial Branch has free forms you must use to file a divorce if you do not have a lawyer. Free Court Forms


When do I Need to Have a Lawyer?

You should talk to a lawyer when:

  • There are children from this marriage
  • Either of you own real estate
  • You don’t agree about how to divide what you own
  • One spouse thinks they may be entitled to support from the other spouse.
  • There is any dispute
  • There is a lot of property or money including a pension

How can I start a divorce?

  • You must fill out a form called a petition.
    • You must give the court information about you, your spouse and your marriage
    • The petition tells the Court what you want to do.
  • You file a copy of the petition in the county Court.
  • You must “serve” (give a copy) the petition to your spouse.
    • There are rules you must follow to serve the petition and other legal documents in a divorce case.


What if I do not know where my spouse is?

  • First you have the sheriff serve (give a copy) the papers to your spouse.
  • If the sheriff cannot find your spouse, then you try to mail the papers to your spouse at the most recent address you have.
    • Your spouse must sign and return the form you send.
    • Certified mail alone is not enough.
  • If you can’t find your spouse, you can publish a notice in the newspaper.
    • This must be a legal notice in the newspaper.
  • You may need to ask the Court for permission to publish a notice in the newspaper.


How Much Does it Cost to Get a Divorce?

  • You must pay a fee to the Clerk of Court when the divorce Petition is filed. This fee is usually $265.
    You must pay a fee to the Sheriff if the Sheriff must give copies of the papers to your spouse. This fee is usually $40-50.
  • If you are unable to pay the fees, you apply to ask the Court to let you file without paying the fees first.
    • When you apply to file without paying the fees, you must provide information about your income and expenses.
  • The fee will still be charged to one of the parties at the end of the divorce.
  • Many lawyers want money before they will start a divorce for you.
  • Lawyers charge different fees from city to city, and in different law firms. Lawyers often want $500.00 or more to start a divorce.
  • When the parties cannot agree, a divorce costs more in lawyer’s fees.
  • A Court may ask one spouse who has more money to pay part or all of the fees. This may include some of the spouse’s fees.


How long does it take to be divorced?

  • You must wait for 90 days after your spouse gets copies of the papers.
  • After 90 days the Court may say you are divorced.
  • Sometimes in special cases the Court lets you be divorced sooner.
  • If there are problems to solve, it may take more than a year to be divorced.


What if there is domestic abuse?

  • You should talk to a lawyer if your spouse has abused you.
  • Call the Domestic Abuse Hotline at 1-800-942-0333 to find help.

(Domestic abuse information)


What if my spouse and I have children?

  • If you have children, the divorce process is more complicated.
  • You must take a class called, “Children in the Middle.”
  • You may need to make a parenting plan for you and your spouse to share time with the children.
  • You must make decisions about custody and child support.
  • For more information about custody and child support, click on the words below to go to that information.

(Custody information(Child Support information)


What if my spouse has a pension?

  • A pension earned during a marriage is a joint asset of the couple.
  • During a divorce, steps must be taken to divide a pension.
  • You can lose your right to the pension benefits if you do not divide it in the divorce.
  • Dividing a pension is hard. You should talk to an attorney about the pension.

(Pension information)


Can I get alimony?

  • Many times the court does not order alimony.
  • A court will look at all of the information to decide this.
  • The court will want to know:
    • how much each of them earn.
    • how long they were married.
    • about support of children.


What if my spouse and I disagree about bills or custody of the children while we wait for the divorce?

  • If you have problems with money or children, you ask the Court to help you.
  • You ask the Court for temporary orders for support or custody.
  • The temporary orders tell you and your spouse what to do while you wait to be divorced.


I can’t agree with my spouse, how do we solve the problems we have?

  • You should make a list of things you need to decide.
  • If you cannot agree on how to solve the problems, you may need to talk to an attorney.
    • An attorney can tell you about your rights
  • You may also want a mediator to help you. A mediator is someone who helps two people make an agreement.
  • Some Iowa courts may require you to go to a mediator.
  • If you do not agree, you may need a trial so you and your spouse can tell the Court what you want.
  • A judge is different from a mediator. A judge can tell you what you both must do.
    • What the judge orders may be different from what you or your spouse wants.
  • Your divorce will take longer if you have a trial.
  • It is better if you and your spouse can decide what you want.


What happens when the Court says my divorce is final?

  • When your divorce is done, the judge will write an order about your divorce. The order is called a decree.
  • The order:
    • Tells you and your spouse what you must do with your money, your debts and your property
    • Tells you and your spouse what you must do about your children.
  • You must do what the Court tells you to do in the order.
  • If you do not follow the order, the Court can make you pay money or go to jail.


What if I don’t agree with the divorce order?

  • You may appeal the order.
  • There are rules that you must follow to appeal the Court order.
  • You can also modify the order.
    • To modify the order you must file a “Petition to modify” the order.
    • To modify the order, something important must have changed after the divorce was final.

26 Questions to Ask Divorce Lawyers Before Hiring Your Attorney

Here’s why it’s important to do your research before handing over a retainer.

By 

Cathy Meyer

Updated on 09/21/23 03:33PM

Fact Checked By 

Cherisse Harris

Reading through the conditions before signing them
GETTY IMAGES

Getting a divorce is a huge (and often, scary) step, and how it’s handled can have a lasting impact on the rest of your life. No matter which side you’re on, however, it’s always wise to seek experienced legal representation prior to officially ending your marriage. But before you go ahead and research just any divorce attorney, hiring someone who can handle your situation is of the utmost importance when dealing with this personal situation.

More specifically, conducting a simple Google search for “divorce lawyers near me” isn’t always the best approach to finding an attorney to suit your specific needs. Instead, it’s recommended that you diligently search for—either online or through word of mouth—and interview a lawyer to see if they can handle your exact situation, whether that involves mediating custody disputes or division of property discussions.

 What to Do Before Filing for a Divorce

Need some additional pointers on how to find the right divorce attorney for you? Here’s a list of 26 questions to ask a lawyer before putting anyone on retainer.

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How many divorce cases have you handled?

Hiring a divorce attorney is kind of like choosing a doctor to perform surgery: You don’t want to hire someone who’s never done this before. And since getting a divorce is stressful enough, the last thing you want to deal with is checking your lawyer’s work to make sure they’re handling everything correctly. After all, you’re the client, and you’ll have other things to worry about like the emotional and logistical repercussions that come with the dissolution of a marriage.

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How many of your cases were you able to settle out of court?

Ideally, you want to keep your divorce out of the courts to avoid any added drama and a prolonged agreement. That’s why finding an attorney who has experience settling divorces out of court is something to keep top of mind.

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Do you practice collaborative divorce?

Similar to settling out of court, a collaborative divorce puts the “let’s fight!” mentality away so that you and your soon-to-be-ex can reach a reasonable agreement in a non-aggressive way. It’s a type of problem-solving technique that keeps the peace during a divorce, and can even allow you and your ex to end on friendly terms.

While keeping your divorce out of the courts may sound ideal, if your spouse is a bully or has a combative personality, settling matters in court is the best way to keep things from getting out of hand.

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Do you know my spouse?

If your lawyer is associated with your spouse, that could be a big problem regardless of how your attorney feels about him or her. “Generally speaking, most lawyers will not get involved in a divorce or prenup action if they are familiar with both parties,” shares Charlotte Christian, Esq., a celebrity divorce and family attorney and founder of The Law Offices of Charlotte Christian and Associates. And though Christian doesn’t recommend immediately writing off a lawyer for knowing your spouse, she does state that you should “seriously consider the depth of their relationship before utilizing their services.”

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Do you know my spouse’s attorney?

While this question isn’t as imperative to ask as many of the others, your attorney’s answer to this inquiry is still something to take into consideration. More specifically, if both attorneys were in one seminar together during their first year of law school, feel free to proceed with your lawyer. However, if they were roommates in law school, you might want to consider hiring someone else.

06of 26

Are you familiar with local family court judges?

Before you hire an attorney, you want to make sure they know your local judges’ reputations and the directions in which they tend to rule. For example, if the judge assigned to your case tends to be lenient with custody, and you’re seeking sole custody, you’ll want your lawyer to be aware of this so that they can plan a strong strategy.

07of 26

Do you believe it’s better to mediate and negotiate rather than go to trial?

The most important factor when it comes to hiring a divorce attorney is being on the same page with the way they handle their business. If you want to mediate and negotiate, but your lawyer is dead-set on going to trial, that disagreement could impact your case’s success.

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Do you have experience negotiating financial support or settlements?

Child or spousal support, large financial settlements, or business valuation are all bound to come up in any divorce case involving children or businesses. Thus, you want to make sure your lawyer knows what they are doing in these specific areas.

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Will you or another attorney from the firm be handling my case?

You’re likely hiring a specific attorney because you agree with their way of doing things. So, before you put them on retainer, make sure they’ll be with you from start to finish. The last thing you want is for your case to be handed off to other lawyers in the firm.

10of 26

Can I meet anyone else who will be involved in handling my case?

If your case is complicated and needs to be looked after and worked on by multiple people, make sure you get to meet everyone who will be involved throughout the process. Your future is in their hands, in a way, so being acquainted with the entire team is definitely essential.

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Are you available via phone or email?

Divorces are not a one-and-done type of situation, so if something urgent comes up and you don’t believe you can wait until your next scheduled appointment, you’ll want to know if you’re able to connect with your attorney on the phone or by email. What’s more, another question to ask is whether or not you’ll be billed for this communication.

12of 26

Do you have a heavy case load?

“Asking a lawyer about his/her caseload is not only appropriate, but is a necessary question. When you retain an attorney, make sure you have a clear understanding of how much time you can expect to be spent on your issues,” shares Christian. “Our firm intentionally keeps the attorney’s caseload smaller so we can provide more value and individual care to our clients. If you are one of 50, you have to know that there are very few hours that can be spent on your issue if 49 more people are requiring attention from the attorney.”

13of 26

Will I receive copies of documents filed with the court?

Make sure all communication with your spouse’s attorney and any other documents related to your case will end up in your hands if you need them. After all, it’s better to be overprepared than underprepared.

14of 26

Will I be kept informed of all developments in my case?

As the client, you can decide how involved you want to be when it comes to your divorce proceedings. Some people may wish to be informed of every single developing detail, while others prefer to be kept in the loop on only the bigger things. If you find yourself in the former category, make sure your lawyer will be available and willing to share information with you.

15of 26

Will you ask my opinion before planning a strategy?

Similar to being informed of any developments in your case, whether or not you want to be briefed on your lawyer’s strategy is completely up to you. Just be sure that you and your attorney are on the same page before you hand over the retainer.

16of 26

What are your personal feelings about joint custody versus sole custody?

Some people aren’t entirely sure how they feel about huge, life-impacting decisions—like joint versus sole custody of their children—so having an expert weigh-in can help them make a decision. Since your attorney has likely dealt with this situation on numerous occasions, they could impart some useful information on what goes into custody agreements and which type of arrangement may be best for you and your children.

17of 26

What is your retainer fee?

Your lawyer will probably volunteer this information without you having to ask because, of course, they want to be sure you can afford their services. However, just in case, get this question out of the way early on.

18of 26

What is your hourly billing rate?

Like tutors and therapists, most lawyers charge by the hour, so make sure you know what you’re getting into financially before signing anything. You may be able to comfortably pay for the retainer fee, but not the hourly rate, so make sure you ask for a total cost breakdown.

19of 26

Do any fees I pay include the services of any other associates?

If your primary lawyer isn’t the only attorney working on your case, you may also be paying for other associates’ time. While this is quite common, knowing what you’re paying for may ease your mind a bit.

20of 26

If my case goes to divorce court, will there be extra fees?

Every firm has different policies when it comes to going to court. With that in mind, it’s not uncommon for extra fees to be tacked on if your case does get placed in front of a judge—so be sure to ask if these fees will apply to you.

21of 26

Will I sign a contract outlining the fee arrangement?

A fee arrangement essentially means that your lawyer won’t start charging you for additional services once you hand over a retainer and sign a contract with them. While everyone has their own feelings about signing a fee arrangement contract, we tend to think it’s a good idea.

22of 26

Will I be sent itemized bills?

“At the beginning of your onboarding, make sure you have an understanding of what billing will look like. Your entire strategy should be delivered via your billing—meaning you should understand by viewing an invoice exactly what your legal team did that week for you to further your case,” advises Christian. “There should never be an invoice that says ‘Phone call’. The invoice should explain the phone call, why it was necessary, and what happened on the call. Do not wait until you receive an invoice to understand what the billing model will provide.”

23of 26

Will I be updated on how the retainer fee is used and when it is used up?

This is definitely something you should discuss with your lawyer before hiring them, since some attorneys look at a retainer like a deposit, while others will tack on another retainer if you use up all your fees before the case is closed. This doesn’t matter to some people, but if it does to you, be sure to bring it up early.

24of 26

Will you petition the court for my spouse to pay my attorney fees?

If you are financially dependent on your soon-to-be ex, you may want to consider finding a lawyer who will petition the court for your spouse to pay for their services. This essentially means you have a fair trial or collaborative divorce.

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How much do you charge for letters and phone calls to my spouse’s attorney or me?

An hourly rate is common among lawyers because you’re paying for their time, and some days may be exceedingly busier than others. That’s why it’s good to know whether or not you’ll be paying for everything your attorney is working on for you.

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Will there be other costs?

Hidden costs are truly the worst, so make sure to ask your lawyer about every possible fee you may incur, including court filing fees and process server fees. While some lawyers include these costs in their general fees, others ask you to pay them separately.

Guiding You Through Divorce In Iowa

Iowa is a “no fault” divorce state, which means spouses need not prove that the other spouse is at fault through infidelity or other faults. That doesn’t matter. In Iowa, you can get a divorce even if only one person wants it. At Foster Law Office, our Iowa City divorce attorneys will walk you through the process every step of the way. We can provide you with options and inform you about mandatory steps. For example, there is a mandatory 45-day parenting program that couples must complete if they have children.

As with other areas of law in which we practice, we follow a two-pronged approach:

  • Participate in the mediation process to find agreement and options.
  • Prepare for a court fight if necessary.

Spousal support or alimony is awarded in Iowa and will depend upon many factors such as the length of the marriage, employment history and future employment options.

The two main areas of contention in divorce are typically child custody and division of property.

Equitable Division Of Property In Iowa Divorce

During divorce, property will be divided equitably. Equitable is not the same as equal. For example, rather than selling the house and dividing the equity in half, one party may stay in the home to assume full ownership and the other party may accept more equity from retirement funds or other property. Equitable division considers the length of the marriage and the ability of either party to earn an income. The division of property also factors into any alimony or spousal support that one party may pay out to the other — and for how long.

Marital property includes debts as well as assets:

  • Main residence or home
  • Vacation homes or vacation property
  • Cash assets in bank accounts and stocks
  • All vehicles and boats
  • Collections (art or guns, for example)
  • Retirement assets such as 401(k)s, IRAs, TIAA CREF accounts and others
  • Credit card debt
  • Taxes due to the IRS, state or local government

Contested And Uncontested Divorces

Even though Iowa is a “no fault” divorce state, you can still have either a contested or uncontested divorce. An uncontested divorce would be one in which the parties agree on property division, child custody, spousal support and other details. If the couple cannot agree on all of the details during mediation, the divorce proceeds as a contested divorce and will be heard in court before a judge.

Your Advocate For All Divorce-Related Matters

Divorce is difficult, but our attorneys are here to help you get through it. To speak with a knowledgeable divorce lawyer in Iowa City, please call us at 319-383-0405 or contact us online.

5 Essential Tips On Your Path To Becoming A Lawyer

Lawyer signing documents

The road to becoming a lawyer is a long and difficult one, however, it is also an achievement that only the best talents can attain. The fact that you are even thinking about it shows that you have the determination and desire to succeed. Despite the difficulties, it is also a profession that will bring incredible job satisfaction and financial reward. If this sounds like your dream career path, here are five essential tips to reach your goals and become a lawyer. 

1. Shine During High School

Excelling during high school not only can put you ahead of your competition when it comes to applying for colleges, but it also puts you in the correct frame of mind to pursue a career in law. You are going to have to work hard, so start working hard early. Get involved in extracurricular activities and take part in other activities that involve debating and meeting people as your personal skills will be key once you leave college. 

2. Consider Participating In A Clerkship

A clerkship can give you the opportunity to work for a law firm over the summer or part-time. This will give you essential experience and law firms will look favourably upon this attribute on your résumé. There is also the possibility that the law firm that is providing you with the clerkship may take you on once you graduate from law school. If you are struggling financially and need extra funds to help you with living costs during an internship or clerkship, you can consider personal loans from private lenders. Doing so will keep you financially stable until you start to make money. 

3. Get Involved In College

Like with high school, you should be getting involved as much as possible while at college. If there are positions of responsibility available you should be applying for them. Take extra classes if you need them and try to foster good relationships with your professors, as it will be them who are writing your reference for law school. If you can find work experience, this will help you even more as it shows your willingness to put yourself out there and start learning early. 

4. Don’t Get In Trouble With The Law

It might seem obvious, but it is worth emphasising that you should not get in trouble with the law as it could prevent you from having a career in law. Bar Associations usually put candidates through a moral screening process and any involvement with the law will not look good. The number one rule of becoming a lawyer is to stay out of trouble.

5. Network

Your network can never be big enough, especially in an industry as competitive as law. Start networking early and never miss the opportunity to do so when you are at college or completing an internship or clerkship. The main importance of networking is your connections as they could provide you with opportunities that will completely change the course of your career. Networking works both ways and, to maintain your network, you will need to be prepared to help others when they are in need. A good network will also be able to provide you with advice and support during your journey.

8 Questions to Ask When Hiring a Criminal Defense Lawyer

If you have been charged with a crime, one of the most important things you can do is hire a qualified Los Angeles defense attorney. However, not all criminal defense lawyers are going to be of the same quality. In fact, there are many criminal defense attorneys who will gladly take your money, represent you in court, but know very little about your case and contact you infrequently.

That is not what you are looking for in a criminal defense lawyer. Instead of hanging your hopes on a lawyer that might not be able to get the job done, here are eight questions you can ask when hiring a criminal defense lawyer.

1) HOW LONG HAVE YOU PRACTICED LAW?

Experience matters, especially when it comes to criminal defense. The lawyer you hire should be a seasoned veteran with years of experience both in and out of the courtroom. While every lawyer has to start somewhere, it is best not to trust the complexities of your case to an attorney that is new to criminal defense.

2) WHAT IS YOUR AREA OF SPECIALITY?

It is very common for lawyers to build a practice for themselves where they specialize in one particular area of the law. For instance, some attorneys focus almost exclusively on federal defense matters, while others prefer to represent clients who have been accused of a drug crime.

There is a good chance that there is a lawyer in your area who specializes in the exact type of law related to your case. You can ask lawyers you are considering hiring what their area of specialty is. If it is not related to your case you should probably continue your search. In some cases, a lawyer you are interviewing might even be able to refer you to a lawyer that does specialize in the type of case you are dealing with.

3) HOW MUCH DO YOU CHARGE?

Before you hire a lawyer, you need to get an idea of how much they are going to charge for their services. The cost of a strong defense can vary widely depending on the case and the lawyer. In order to avoid being surprised by a higher than expected bill later on, talk with your lawyer right away about attorney’s fees.

4) HOW MANY TIMES HAVE YOU HANDLED A CASE LIKE MINE?

This question is related to experience and area of specialty and is another good way to gauge if a lawyer is going to be right for you. While every case can be different, there are often issues that pop up over and over again. After the lawyer has the details of your case, ask them how many times they have handled a case that is just like yours.

For instance, if you’re facing charges for a sex crime, you’ll want to help of an attorney who has experience defending clients against charges like yours. Knowing what they have seen before can give you an idea of what to expect.

5) BASED ON MY CHARGES, WHAT ARE THE POSSIBLE OUTCOMES OF MY CASE?

With any criminal defense case, there are a number of possible outcomes. In some cases and for a variety of reasons, the prosecution might choose to drop all charges. In other cases, a defense attorney can work out a plea agreement with the prosecutor. Finally, if the case does go to trial there is the possibility of a not guilty or guilty verdict. When hiring a lawyer, ask them what the possible outcomes are for your case and how likely each is to occur.

6) HOW LONG WILL MY CASE TAKE?

While you have a right to a speedy trial, the exact length your case will take to resolve itself depends on a number of factors. In some situations, plea offers or agreements are common and might only take a month or two to be finalized. On the other hand, felony cases that go to trial can take over a year to run their course and appeals could take even longer.

7) HOW OFTEN WILL WE COMMUNICATE?

Communication between a lawyer and their client is the key to any strong defense. Tell any lawyer you are considering hiring that you expect regular communication and that you want to be informed of any updates in your case.

8) WHO ELSE WILL BE WORKING ON MY CASE?

Any good defense lawyer has a strong team that works with them. Assistants, clerks, paralegals, other lawyers, and secretaries are all key components of a thriving legal infrastructure. Ask your lawyer if you can meet the other members of their team.

In some cases, they will be the people you communicate with as your case proceeds. However, your lawyer should never pass you along to others in their office and forget about your case. Make sure that even though they have a team they are still committed to you and your case.

7 THINGS TO CONSIDER WHEN CHOOSING A CRIMINAL DEFENSE ATTORNEY

Facing criminal charges is daunting. It brings about the possibility of serving jail time. In the same vein, it can affect your reputation, tarnish your character, and put your future at risk even if you’re not convicted. With all the complexities of the criminal justice system and, pending outcomes that impact your future and your freedom, your first concern must be finding a qualified criminal defense attorney that will best represent you.

There are many factors to consider in order to land on the best criminal defense attorney. The below tips will aid in your research and help increase your chance for a favorable outcome.

1) Level of experience

Being accused of a crime is a very serious situation. You want to ensure that the attorney representing you and providing you with legal advice knows the law inside and out. Look for an attorney with experience in all courts (municipal, state, federal, superior) as sometimes jurisdictions of the courts overlap and your case may be heard in more than one court.

Equally as important as the level of expertise is success rate. There is no substitute for real-life experience, and experience without success means very little when you are facing the consequences of a crime. The best attorney has an impressive track record and verifiable success.  

2) Avoid a public defender

It may be enticing to consider a public defender in order to avoid the cost of representation, but typically public defenders are inexperienced and loaded with cases. Because of this, they have very little time to address your case, answer your questions and are less likely to dedicate their attention to fight on your behalf.

3) Local connections

Having an attorney with local connections and established relationships is extremely helpful. Someone well connected will have a better understanding of local procedures, and first-hand experience with judges and prosecutors. They will know who entertains plea bargains, and which ones never consider them.

Armed with this valuable knowledge of the inner workings of the local legal scene, they’ll be more qualified to come up with a winning strategy to change the outcome of your case to the best possible one.

4) Board certification

Board certified criminal defense attorneys are the “best of the best”. You’ll be assured that your lawyer is proficient in the specialty legal field in which you have a legal need. Specializing in criminal defense, having a significant amount of jury trials, and an excellent reputation with judges and prosecutors increases the likelihood of a successful and aggressive defense.

5) In person interview

Researching websites, social media, reviews and testimonials of potential attorneys can provide useful information but nothing beats face-to-face. Take advantage of the free consultation most offer so you can form a personal impression, gauge whether or not the lawyer makes you feel comfortable, and get a sense if they are empathetic to your situation.

Don’t be afraid to ask questions and check reviews, ratings, and references. Are they a trusted advisor you feel comfortable around and are you able to speak candidly with them? This is the time they will reveal their willingness to fight hard for you.

6) Accessible and available

Time is of the essence — time lost can mean case lost. Make sure your attorney is available not only to take your initial call, but promptly responds to your inquiries. An accessible and available attorney will arrange initial and subsequent meetings as soon as possible.

7) Fees

An attorney with the lowest fees is not always your best choice. Remember the old adage “you get what you pay for” – it is no different when it comes to legal representation. Subsequently, the highest fees aren’t necessarily in your best interest either. Generally, less experienced attorneys set lower fees, but be mindful when you come across an extremely low hourly rate.

An experienced attorney with a higher hourly rate may be able to resolve a case quicker and more suitable than a novice with a much lower hourly rate, thus being less expensive in the long run.

Bottom line

Be thorough, choose wisely. The imminent outcome and how your life will be once the case is closed depends on it. Invest the time and energy, do the homework and the research in order to select the attorney that is right for you. It is the most critical decision you’ll make, and choosing wisely makes all the difference in how your case will go and what the outcome is.

Fighting a criminal charge is not something you should leave to chance. The outcome of your case can change your entire future and it is important you get a good criminal defense lawyer to help you.

7 Must-Know Tips for Hiring an Attorney for Your Case

When you find yourself faced with a legal issue, the steps you take next can literally impact the rest of your life. Hiring a legal professional – and doing it the right way – is one of the most important decisions you’ll make.

Not sure how to hire an attorney for your case? You’re in the right place! Keep reading for ten must-know tips that will make hiring an attorney easy.

1. Ask for Recommendations

One of the best ways to find a good attorney is to ask people you trust for recommendations. Start with family and friends – ask if they’ve had a positive personal experience with an attorney in the area of specialty you’re looking for.

If you have a relationship with an attorney who works in a different specialty, he or she may also be able to give you a recommendation. For example, your business lawyer probably can’t help with a personal injury case, but he may be able to refer you to a great personal injury lawyer.

Use these recommendations to create a short list of three to five attorneys who you’ll investigate further before making a decision.

2. Do Online Research

Next, it’s time to hop online and start doing some research about each of the attorneys on your list. Check Google reviews and at least a couple of the lawyer review sites – like Lawyers.com and Justia.

It’s also a good idea to take a look through the lawyer’s website and their social media – including the reviews section. Remember that you can’t please everyone, so don’t put too much weight into one or two bad reviews, but if you start to see a pattern, consider crossing that lawyer off your list.

3. Schedule a Consultation

Once your research is done, narrow down your list to the top three, then call to schedule consultations. Most attorneys will meet with you for at least a brief consultation without charging you.

Pay attention to whether the person who answers the phone is polite and accommodating. When you arrive at the office, notice whether the location is convenient and whether you feel comfortable in the space.

4. Ask the Right Questions

When you sit down with the lawyer, it’s a good idea to have a list of questions prepared. This will ensure that you make good use of the time you have and that you don’t forget anything important.

Some of the questions you’ll want to ask include:

  • Do you specialize in cases like mine?
  • How long have you been practicing?
  • Do you feel that I have a strong case?
  • How much do you think my case is worth?
  • How often do you take cases to court vs. setting?
  • Who will be handling my case?
  • How and when will I need to pay?

Look for an attorney who is honest and upfront when answering your questions. Don’t be afraid to take notes, as you’ll want to compare the interviews with each of your top three options and remembering who said what could become a challenge.

5. Assess fees and Costs

You never want to hire an attorney based on cost alone, but, of course, price does matter. Ask the attorney to thoroughly explain their fees, and, if possible, to provide you with a written summary. Don’t feel like you’re “being cheap,” you deserve to know what you’re paying for and how much it’s going to cost you.

6. Review the Payment Arrangements

There are different ways that your attorney might bill you. Options include:

  • Contingency fee – the attorney receives a percentage of what you’re awarded if you win your case.
  • Flat fee – a set dollar amount for services. This is common for simple things like writing a will or filing a non-contested divorce.
  • Hourly rate – this is a set fee per hour. The final cost will depend on the number of hours worked.
  • Retainer – this is a fee you pay upfront. Lawyers often use this to pay expenses and fees associated with trying your case.

It’s important to understand how your attorney bills so you know when and how much you can expect to pay. If you don’t ask these questions, you could end up with an unpleasant surprise.

7. Listen to Your Gut

Once you’ve reviewed all of this information and met with each potential attorney, it’s time to evaluate your experience with each and make a final decision. You’ll use logic for most of this evaluation, but it’s also important to listen to your gut. If you have a really great feeling about one attorney that you met with – if you feel like you trust and believe in him or her – then this is a great indication that you’ve made the right choice.

The same goes for a negative feeling. Even if you can’ quite put your finger on it, if there’s something that just doesn’t seem quite right to you, then move on. There are thousands of lawyers out there, so it makes sense to keep looking until you find one that’s a good fit for you.

Hiring an Attorney is a Critical Decision

Follow these tips for hiring an attorney and you’ll have the peace of mind that comes with knowing you’ve made an excellent choice. If you need even more information, take a few minutes to scroll through some of our other helpful blog posts!

TIPS FOR HIRING A DIVORCE LAWYER

Hiring a divorce lawyer serving The Woodlands requires more planning than simply selecting a name from a phone book. The right attorney will thoroughly prepare you for the hearing or help you explore alternatives to a formal trial. He or she will serve as your legal advocate and function to protect your best interests. Before you hire a divorce lawyer , you’ll need to meet with him or her to discuss your case and ask any questions you may have. It’s always wise to write down a few questions prior to arriving for your first consultation with a divorce lawyer.divorce lawyer in conroe, tx

Schedule an Initial Consultation

If a divorce lawyer is highly recommended by your friends or family members, then you’ll need to schedule a brief appointment before hiring him or her. Be sure to ask if the family attorney charges a consultation fee for the appointment. Some divorce lawyers offer initial consultations free of charge. Others can charge over $500 each. When you go to the law office, bring along any relevant paperwork, such as a copy of a prenuptial agreement if you have one as well as any pleadings which may have been served upon you by your spouse’s lawyer.

Ask the Right Questions

You can expect the divorce lawyer to ask you some questions about your case and your goals for the outcome of the divorce. For example, would you like to pursue physical custody of the children, and do you plan to seek spousal support? In turn, you’ll have the opportunity to ask the lawyer a few questions. Since your time is limited, make such questions count. You can ask how much experience the lawyer has handling divorce cases and how the lawyer might approach your case. What is his or her governing philosophy in general? You can also ask about the lawyer’s views regarding the advisibility an agreed or uncontested divorce.

Discuss Practical Arrangements

Before you leave the law office, make sure you understand how the logistics of your case will be handled, and the expected time frame. Discuss arrangements such as the lawyer’s fee structure, how often you’ll be contacted with updates, and who you should call if you have questions later on.

Trust Your Instincts

After your consultation, take a few minutes to evaluate the information you received and the first impression the lawyer made. Although choosing a lawyer with experience is a must, it’s critical to select a lawyer with whom you feel comfortable discussing highly personal, sensitive matters. A world-famous lawyer who you cannot communicate with is much worse than the average Joe six-pack lawyer with whom you can both communicate and feel comfortable. Hire a divorce lawyer who will treat you with the compassion and respect you deserve during a difficult time in your life.

Three Reasons To Choose A Concierge Law Firm Service

The mid-sixteenth century word “concierge,” alluding to a caretaker and guide, has been extended to many disciplines outside of the hospitality industry — including the legal profession.

Law firms that provide subscription-based services are becoming increasingly popular in today’s on-demand economy. This growing niche within the legal industry has been named “concierge law”, echoing the similar trend of on-demand concierge medical services.

There are several advantages to choosing a concierge law firm service for guidance in legal, business, and financial matters. At Hamlin | Cody we’ve mastered this approach and offer it to our clients for the reasons outlined below.

Preferred Access to Expertise

Hourly fees can add up with no relationship to the value provided. They can make you hesitate to contact a lawyer due to cost-related concerns. Concierge law is becoming popular due to the multitude of clients who are looking for legal expertise but would prefer to avoid the sound of a meter ticking with every conversation.

With a traditional hourly billing structure, a client may rush through the process to save money. They may be reluctant to ask all the questions they need to in order to fully understand the issue and their options. When their attorney asks questions to learn more about their concerns, they may view the questions as designed to increase the fee without regard to the benefit to themselves.

A concierge approach helps to alleviate the pressure of “billable hours.” Instead, a law firm will charge clients a monthly or annual fee for an array of services available when they need them. By limiting the number of concierge slots available, our concierge clients can be assured of preferred access to legal counsel.

Proactive Legal and Practical Strategy

Concierge law can save time and money when used as a proactive form of legal strategy. When most people approach a lawyer, it’s because they already have a problem and they need a lawyer to help them solve it. Rather than deal with issues as they arise, it’s possible to avoid them completely when working with an attorney on an ongoing basis.

For example, business and property owners often face major financial, personal, and legal decisions. Who better to assist in these decisions than an attorney who knows their goals, their concerns, and how the law affects them?

As another example, how often does an unexpected legal issue arise? A concierge attorney who knows your goals and concerns can head off problems before they arise. A concierge attorney can provide a prompt response to that unexpected demand letter without having to gather background information first.

Precise and Personalized Support and Advice

When seeking legal advice, wouldn’t it be great to have your lawyer already on speed dial? Similar to many medical services that are now just a call away, concierge law can provide personalized advice on the matters most pertinent in a client’s life.

There is a joke about an attorney who offers perfectly accurate (and perfectly useless) advice. With a concierge relationship, you will hear more than just a recital of the law. You will receive pragmatic guidance that is consistent with your goals.

A concierge law firm will also keep a detailed history of their clients so no repetitive explanations are necessary. They will know you, and you will know them. The more they do for you, the better they will be at achieving the outcome that you want. This style of relationship allows legal services to become customized to the individual and provide the right support.

Concierge law is far from a “one-size-fits-all” approach. In reality, it offers an opportunity to get to know the client and come up with solutions that will work best for them. At Iowa Divorce Law firm, we are proud to offer this service to a limited number of our clients and provide them with the care and guidance they need. To learn more about our concierge service, please hit Reply to schedule a Get Acquainted Call.

DIVORCE WHEN YOU’RE THE FINANCIALLY DEPENDENT SPOUSE

When your marriage ends, it can be devastating. If you are financially dependent on your spouse and you’ve never had a job outside the home, it can financially devastating and frightening. You don’t have to be a stay-at-home spouse; you can also be the spouse who makes significantly less money. Regardless of the circumstance that make you financially dependent on your spouse, it can be scary when you are forced to face a reality where you need to make ends meet alone.

What is Spousal Support?

Spousal support is an important provision that provides financial support to dependent or spouses unable to support themselves without help. The length of spousal support is determined by the court or by the spouses during settlement negotiations. It’s important that once either party has filed for divorce, the spouse with the lower or lack of income files for temporary support until the divorce agreement is finalized. A temporary support order can be made retroactively up to three months, and the spouse who needs support can also seek an advance of their support payments so they can secure legal counsel during the divorce.

Qualifications for Spousal Support in Iowa?

To qualify for spousal support, the filing spouse must be at an earning disadvantage to their mate. In Iowa, spousal support can be awarded if one party was at home providing unpaid services, such as a stay-at-home parent. The goal of spousal support is to give assistance to a spouse who would not be able to be financially stable without help. It can also be awarded to help a spouse to gain marketable skills so they would not need support payments.

What Factors are Important When Awarding Spousal Support?

The amount of a spousal support award is not fixed in Iowa. It is based on a myriad of factors that the court takes into consideration.

Before awarding spousal support, the court will consider:

· Length of the marriage

· Standard of living during the marriage

· Prenuptial or postnuptial agreements in place

· Any other form of compensation agreement, like an agreement to pay a spouse back for funding education towards a career.

· Financial health of each spouse

· Marketability of current skills, training, or education of requesting spouse

· Earning capacity of the spouse seeking support,

· Filing spouse’s length of absence from the job market

· The custodial situation of children of the marriage

· Tax consequences of a spousal award on both parties

· Current age, physical, and mental health of each spouse

How is the Amount and Duration of Spousal support Calculated in Iowa?

A judge will review the details of the case and make a ruling regarding spousal support. The amount of the award and the length of the payments will be at the judge’s discretion.

Iowa has three types of spousal support orders:

· Rehabilitative: Rehabilitative support helps financially dependent spouses who need help becoming self-supporting. Typically, when this form of support is awarded, the court believes the facts support both spouses eventually working and being self-supporting, but it acknowledges that because of the marriage, one spouse cannot find employment to sustain their life presently.

· Traditional: Traditional support payments are for spouses who the court feels are unlikely to become gainfully employed and self-sufficient, typically due to age, health, or other reason related to the marriage.

· Reimbursement: Reimbursement support is awarded when a spouse made financial sacrifices to support the educational and career goals of their mate. It’s not common in Iowa, but when a spouse uses their income or time to support the career development of their mate with the understanding they would also benefit from their spouse’s increased income, the court can award support payment to the spouse who help fund their mate’s degree.

Choose an Experienced Des Moines Divorce Attorney

Going through a divorce is hard when you are financially dependent on your spouse. The Law Office of Mark R. Hinshaw, PLC, is available for consultations to review your case and help you determine the merits of your support claim. You can schedule today by calling us at (515) 200-7571 or reaching out through our online contact portal.