Property division is one of the most difficult issues to resolve in a divorce. Boone, IA divorce attorney Jennifer Frese offers mediation and representation services to ensure fair and equitable distribution of assets between the parties.
Divorce is never easy. Closing an important chapter in your life and starting a new one can take a mental and emotional toll on you. In many cases, emotions can get in the way of peacefully resolving difficult issues such as child custody and property division. That’s why you need an experienced lawyer who can objectively sort out the complex legal details of divorce for you.
In Boone, Iowa, you have an advocate in https://jfreselaw.com An experienced family law practitioner and divorce lawyer, Jennifer Frese offers property division services for divorcing couples, including mediation and representation.
What is mediation?
Mediation is an out-of-court process where you and your spouse can resolve issues such as property division, child custody, and financial support without the supervision of a judge. You appoint a mediator to guide you through these issues and reach an agreement which will then be presented to the court to finalize the divorce.
In Iowa, mediation is not a prerequisite to divorce, but in all likelihood, the court may order mediation before the case goes to trial. Mediation is considered a more efficient and less expensive alternative to court hearings. When a settlement is reached through mediation, you or your spouse may not even have to make a court appearance to complete the divorce.
Do you need your own lawyer in mediation?
While hiring a lawyer to represent you is not required in mediation, it will be to your advantage to have the counsel of one. Your attorney will act as your advocate, making sure that you understand the laws of property division and that you don’t end up getting the short end of the stick.
This is particularly true given that property division in Iowa has its quirks and nuances. For instance, the state follows an equitable distribution approach which ensures that a couple’s assets are divided fairly, but not necessarily a 50/50 allocation. The state will consider various factors in dividing your assets, such as:
In addition, the state may divide not only your marital assets, or assets you or your partner acquired during the marriage, but also separate assets, or assets you individually acquired before the marriage. During mediation, you and your partner may agree on which assets to include in the distribution pool and which to exclude. If you fail to reach an agreement, the issue will be resolved in court.
When is mediation not applicable?
In instances where domestic violence is involved or there’s heightened tension between you and your spouse, mediation may be ruled out as an option and the case goes straight to court.
Get a free initial consultation with Jennifer Frese
As a divorce lawyer, Ms. Frese recommends mediation on a case-to-case basis. She offers a free initial consultation so she can hear your story, help weigh your options, and recommend the best next step to take.
If you’re open to an amicable settlement of property division and other issues related to your divorce, Ms. Frese can act as a neutral third-party mediator who can facilitate an agreement between you and your spouse. Alternatively, she can also act as your lawyer and advocate for your interests if a separate mediator is appointed.
On the other hand, if the case warrants that you go straight to court, Ms. Frese will help you go through the process with confidence and resolve, and fight for your rights at every step of the way.
Go to https://jfreselaw.com to find out more.
