Experienced Legal Representation for Serious Legal Matters
Council Bluffs, Iowa Family Law Attorneys Since 1952

Telpner, Peterson, Smith, Ruesch, Thomas & Simpson
Serving Southwest Iowa and Omaha, Nebraska

Skilled Leadership During an Emotional Time
A divorce is the most difficult situation most people face in their adult lives. If you are going through a divorce, contact an Iowa family law lawyer at the Telpner Peterson Law Firm. We represent clients with divorce related issues involving child matters such as custody, child support, visitation, health insurance and tax related issues such as dependency exemptions and a vast array of other child related legal matters.

Additionally, in divorce actions we are experienced in handling all financial matters including business valuations, self-employment issues, farm assets, division of pensions and retirement plans and other financial needs. The family law attorneys of the Telpner Peterson Law Firm are capable of handling all of your divorce issues and have numerous experts available to assis.

In conjunction with our vast divorce practice, we assist our clients in paternity matters and step-parent adoptions. Our practice can meet all of your family law needs.

Recent Developments:

Shannon Dell’Orfano Simpson is our principal family law attorney. Experienced representing clients throughout Iowa, family law lawyer Simpson practices primarily in family law and divorce, and is an experienced trial attorney. She is a strong client advocate, always looking out for the welfare of each client.

Additionally, the following information about family law is intended to be general. It is not necessarily specific to your situation. For answers to your particular questions, contact the Telpner Peterson Law Firm. We have evening and weekend appointments available.

The Law Offices of Telpner, Peterson, Smith, Ruesch, Thomas & Simpson
25 Main Place, Suite 200
Council Bluffs, IA 51503
Map

Phone: (712) 325-9000
Toll Free: (888) 223-3323
Fax: (712) 328-1946

The Telpner Peterson Law Firm, located in Council Bluffs, Iowa, represents clients throughout southwest Iowa in communities such as Missouri Valley, Logan, Harlan, Atlantic, Glenwood, Red Oak, Avoca, Carter Lake, Sidney, Shenandoah, and Clarinda, and in Omaha, Nebraska.

Pottawattamie County • Harrison County • Shelby County • Cass County • Mills County • Montgomery County • Audubon County • Fremont County • Page County

Contemplating divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney at Telpner Peterson Law Frim in Council Bluffs, Iowa.

Grounds for Divorce

A divorce is a judicial decree by which a valid marriage is dissolved. From a legal standpoint, the divorce process will divide the couple’s assets and debts; determine the future care and custody of their children; and give each person the legal right to marry someone else.

Every state has some form of "no-fault divorce," but the laws vary a great deal from state to state. Generally, a divorce will be granted if one spouse states that the marriage has irretrievably broken down or the couple has irreconcilable differences. (Other residency and filing requirements must also be met.) This is different from the past, when only "fault divorces" were available. In a fault divorce, one spouse must allege a martial wrong like adultery or abuse in order to receive a divorce.

In some states, both fault and no-fault divorces are available. An experienced family law attorney can help you determine whether and how to pursue divorce.

Resolving Issues During Divorce

Before a divorce may be granted, five basic issues typically must be resolved. They are:

• Alimony/spousal support
• Property and debt division
• Child custody
• Visitation/parenting time
• Child support

If the spouses can reach agreement on these issues, then the divorce is uncontested. If, however, the spouses cannot agree, the divorce is contested. The spouses may go to trial to resolve the issues. This usually means that a family court judge will make the final decisions. Alternatives to going to court include mediation, arbitration and collaborative divorce. Some courts may even order the spouses to attempt to resolve their differences through alternative dispute resolution:

• Mediation. Mediation is an alternative to litigation that can be less expensive and less stressful for divorcing couples and their children. In the mediation process, the couple works with a trained mediator to reach agreement on contested issues.
• Arbitration. Arbitration is more like court than mediation, but it can still be quicker and less expensive. Instead of using a judge to decide the outcome, the parties agree to use an arbitrator. Each spouse will have a separate attorney who will represent each spouse’s interests.
• Collaborative Divorce. Collaborative law is a relatively new divorce process that requires an up-front commitment to resolving disputes by negotiation, compromise and agreement. If either side decides to go to court, both attorneys are disqualified from representing their clients in the courtroom. The spouses find new attorneys and go to court.

Alimony, Spousal Support and Maintenance

Alimony (also called spousal support or maintenance) is financial support that one spouse pays to another. The alimony can come in a lump sum, over a limited period of time or indefinitely. Because the laws vary from state to state, it is best to consult an attorney with questions about alimony. Factors that the court may consider in determining alimony include the length of the marriage and the ability of each spouse to earn a living.

Division of Property in Non-Community Property States

Courts in states that use the non-community property system typically make an equitable division of property between the divorcing spouses. Equitable means fair, rather than necessarily equal. The court makes the decision based on the circumstances of the divorce, the non-financial contributions to the marriage of each spouse and missed academic or career opportunities.

Conclusion

Making the decision to end a marriage is difficult. Even so, it is in your best interest to approach the divorce process from a rational, businesslike perspective. Working with an experienced family law attorney from Telpner Peterson Law Frim in Council Bluffs, Iowa, will help you get through the process and begin your new life.

Copyright ©2007 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Call us now

or use the form below.

2/3 to 3/4 of divorces are initiated by women

Frequently Asked Questions About Divorce

Q: What is a legal divorce?

A: A divorce is the dissolution of a marriage. After divorce, both parties are free to remarry. During typical divorce proceedings, the couple's assets and debts will be divided and the care and custody of any children will be determined. Each state has its own distinct divorce laws.

Q: What are "fault divorce" and "no-fault divorce"?

A: In the past, divorce generally had only been granted on the basis of marital misconduct called "fault": adultery, mental cruelty or another wrongful act. There were also defenses to these faults. In these divorces, the spouse at fault often received a smaller portion of the marital settlement. In a no-fault divorce, the parties merely need to state that the marriage has broken down irretrievably or that the couple has irreconcilable differences. Every state has some form of no-fault divorce, but the particulars of the laws can differ markedly from state to state.