Serving Waterloo and Waverly, Iowa
Gallagher, Langlas & Gallagher, P.C. provides personalized legal representation for every step in obtaining your dissolution of marriage or divorce. Our attorneys are highly esteemed and have years of experience practicing law right here in Waterloo and the surrounding areas. We have an established reputation for success, and we won’t back down from a legal battle. We collaborate with you and strive to keep you informed of the status of your case so you can rest assured that your rights are being protected.
What are the different types of divorce in Iowa?
The term “dissolution of marriage” is legally synonymous with divorce. Iowa recognizes no fault divorce, which means that all it takes to get divorce is evidence of a breakdown of the relationship showing that there is no likelihood that it can be preserved. Whether you expect to get a no fault divorce or a fault-based divorce, if alimony is going to be an issue, consult an experienced Iowa spousal support attorney for guidance to protect your rights and your assets.
Contested issues in divorce
Couples frequently try to minimize legal battles by using prenuptial and postnuptial or antenuptial agreements. Prenuptial agreements are signed before the parties wed, while postnuptial or antenuptial agreements are signed after the wedding. People are sometimes surprised, however, to learn that their prenups and postnups are not entirely enforceable.
If the parties cannot reach a settlement, a court decides how the children and property are to be divided. A qualified Iowa child custody lawyer can help you build a case for custody of your children. Other issues a court decides include:
- Child visitation
- Child support
- Payment of medical expenses and other expenses related to the child
- Division of marital assets and liabilities, including 401k plans or other retirement accounts
- Alimony, or spousal support
Custody and support issues are often hotly contested, along with the necessary division of assets. Our Waterloo divorce attorneys collaborate with you well in advance of trial to decide which discovery tools best fit the circumstances of your case and your budget. Iowa law provides a number of tools for pretrial discovery of evidence:
- Written interrogatories
- Subpoenas duces tecum
- Requests for production of documents
- Requests for admissions
When is mediation a better alternative?
Whenever parties can reach an amicable agreement without going to court, they and their children are inevitably better off. Protracted litigation can be costly and emotionally exhausting, leaving bitter scars where love once resided. Mediation is a more peaceful, cost-effective alternative to litigation and is often successful when parties agree to engage in mediation with a good faith intention to work toward a compromise.
How long does it take to get divorced in Iowa?
A judge may require parties to participate in conciliation efforts for a period of 60 days. Iowa law requires a 90-day waiting period from the date a petition is served before the court may enter a final decree. Under certain circumstances, the court may waive the waiting period.