In this video, our Polk County divorce attorneys explain the differences between collaborative divorce and cooperative divorce in Iowa. When divorcing parties decide on a collaborative divorce, they each hire their own attorney and meet one-on-one to discuss any disputes and what they hope to accomplish. A signed Participation Agreement is required by both parties and their attorneys. This commits them to the collaborative divorce process where they will attempt to avoid litigation by resolving their issues through cooperation and transparency. The agreement also states that should an agreement not come to terms, both parties must hire new attorneys to represent them in court.

In this video, our Polk County divorce attorneys explain the length of a divorce will always vary from case to case.  Once papers have been filed for a “Petition for Dissolution of Marriage,” there is a mandatory 90 day waiting period after the “petitioner” serves the Petition to the “respondent” before the parties can be legally divorced.  The spouse seeking the divorce is referred to as the “petitioner,” and the spouse receiving the “Petition for Dissolution of Marriage” is referred to as the “respondent.”

If both parties can reach an agreement about the “division of assets” and any other issues that may arise between the spouses, you may not have to appear in Court to receive your final “Decree of Dissolution.”  However, if the parties are in agreement but there are children between the spouses, a brief Court appearance is likely necessary so that a judge can explain the responsibilities of each party and ensure that matters of custody, visitation and support are dictated in the “Decree of Dissolution.”

The state of Iowa also requires spouses with children to take a parenting class entitled “Children in the Middle” before issuing a final Decree.  If there is not an agreement between the spouses, it can take over a year to finalize the divorce, depending on the number and complexity of issues the spouses are arranging.

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In this video, our Polk County divorce attorneys explain how mediation allows opposing parties to meet and negotiate in a neutral setting. A trained mediator often sits in to ensure discussions are fair and productive. Mediation is private, confidential, and incredibly effective.  Mediation can be used to resolve issues surrounding a divorce such as child custody, child support, spousal maintenance, and division of assets and liabilities.  

When given the opportunity to negotiate, parties often come to an agreement on conditions and terms, especially in relation to child custody. Even if a final agreement can’t be reached, mediation helps participants express their wishes in a safe space while being encouraged to actively listen to the opposing party, neither of which are likely outside mediation.

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