Divorce

Des Moines Divorce Services

Make no mistake about it, divorce is a stressful and life-changing event. Fisher Law Firm can help you through this turbulent time with a divorce attorney representing you and your needs every step of the way. We can help with dividing the property and debt between parties, as well as figuring out the custody of the children, if needed. We want to make sure you get what is justly yours, and make the process as painless and smooth as possible for you.

Debt Allocation Services in Central Iowa

In any divorce, the spouses will need to have their “marital” or “joint” property divided equitably. The same is true for marital debts, which are also considered when dividing property and allocating debt. Some examples of these marital debts include mortgage loans, credit card debt, car loans, student loan debt, and more.

Debts are divided equitably based on the factors listed below in “What You Need to Know…” Debt is distributed fairly consistent with Iowa law and these considerations.

When we offer legal representation in these cases, we need a detailed listing from our clients of all personal and marital debts in order to negotiate a fair settlement or make an accurate and detailed presentation to the court at trial. We are on your side and want to make sure you receive a settlement that is fair for you.

Property Distribution

When faced with a divorce, the major conflict that can and often does arise is determining who gets what among the spouses. At Fisher Law Firm of West Des Moines, we will work toward determining an equitable division of the property between both parties.

But what is considered property in the first place? Property includes any tangible asset, like furniture, electronics, clothing, jewelry, vehicles, the marital home, stocks, bonds, bank accounts, and more. When we represent you in the divorce case, we will make sure you receive the equitable share of these assets.

Now what does “equitable” with all of this? It means that the judge is directed to divide all marital property based on the considerations listed below in “What You Need to Know…” in a “fair” manner consistent with Iowa law.

In order to ensure a proper distribution of property, you need an experienced lawyer to present your case at trial or to negotiate a fair settlement out of court. When you hire a divorce attorney from Fisher Law, you can feel well-assured that your financial future is being strongly considered and represented.

What to Know About Property and Debt Distribution:

Property and Debt is equitably divided among each party based on the following factors:

  • Length of marriage
  • Property brought to marriage from both parties
  • Economic, homemaking, and child care contributions to marriage
  • Age and physical and emotional health of both parties
  • Contribution of one party to the education, training, or increased earning power of the other
  • Earning capacity of each party, considering factors like:
    • Educational background
    • Training
    • Employment skills
    • Work experience
    • Length of absence from the job market
    • Custodial responsibilities for children
    • And more
  • Desirability of awarding the family home and/or right to live in the family home to the party having full custody or physical care of the child(ren)
  • Amount and duration of order granting support payments to either party
  • Other economic circumstances, including pension benefits
  • Tax consequences to each party
  • Any written agreement between the parties regarding property distribution
  • Provisions of a prenuptial agreement
  • Any other factors the court deems relevant to the individual case