Miller, Zimmerman & Evans, PLC

Can we just mediate instead of going to court to get our divorce?

Mediation is an important part of a divorce, but it does not replace getting the court involved in your case.  You will still have to open a case with the court, wait the required 90 days, and get a final order to achieve divorce.  But, if you agree on all of the issues, we can put together a “stipulation” that the court will approve and you will be divorced.  If you have some issues that you can’t agree on, then you will be required to go to mediation to work those out.  In most cases, you will leave mediation with a signed stipulation that can be filed with the court, and then you will be divorced. 

We do mediations and help couples work out all issues for the stipulation.  So, even though you have to involve the court, that does not mean a divorce has to be a long process or that you have to go to trial.    Call us at 515-809-9699.

What are your options if the other parent won’t let you see your child and how long will the process take?

If the child is in danger, there are options to get in front of a judge quickly to determine if you have the right to custody of the child. 

If the child is not in danger, but the other parent is violating a court order to deprive you of your time with the child, they may be in contempt.  We can file with the court and get a hearing in a few weeks.  The court does require us to mediate first to see if we can work things out. 

If there is no court order, we can file a Petition and request a temporary hearing.   That can result in a custody and visitation arrangement in 3-4 weeks.  This will also require mediation. 

We can talk through your options depending on the facts of your situation.  Call us at 515-809-9699.

Sole Custody – What Does That Even Mean?

by Brooke Thompson

When people come into my office, a common request is “I want sole custody” or “I want primary custody.” But what does that really mean?

To start, there are two basic types of custody: legal custody and physical care. Legal custody relates to the right to information as well as the responsibilities of decision making regarding the child. This includes medical, education, religious and other major life decisions regarding the child. Physical care, on the other hand, is the amount of time each parent has with the child and who the child will live with.

Joint legal custody gives both parents equal rights regarding those important decisions relating to the child. Sole legal custody means one parent gets to make the important decisions alone. Sole legal custody is reserved for only the most serious cases where there is a true need for one parent to make decisions.

Joint physical care (also called shared care) means that the child spends roughly equal time at both parents’ homes while primary physical care means the child primarily resides in one home and the other parent has parenting time with the child.  Also, the parents split expenses equally with joint physical care.  The primary parent pays most of the expenses (and receives more child support) when primary care is in place.

The “right” kind of custody for each family is different. More importantly, there is not a singular parenting plan that works for every family. The schedule that will work for you and your family is different than other families, and that is okay! My greatest rewards are helping each family find what is going to work for them going forward. Please reach out to discuss the right kind of custody for you and your family at 515-809-9699.

Divorce? You need a plan.

When I talk to a new client, they may have questions about joint custody, how much child support will be, or what will happen to the house.  But regardless of what topics they want to discuss, they all really want the same thing – a plan. 

Even though most people have talked to someone who has gone through a divorce or custody case, or been through it themselves, they want to know what the process is going to be and what their options are.  How is the visitation schedule going to work?  How do we split the house if neither of us can afford to live there?  Will the IRA they had prior to the marriage be divided?  Will I have to go to court? 

They feel relief after talking about their options.  I remember this from my own divorce.  The hour I spent with a family law attorney brought me a calm I still remember 18 years later. 

Sometimes the law can’t provide my clients with the resolution they want.  Sometimes, we have to talk about the least-lousy option of all the lousy options.  But, even if none of their choices are ideal, they are grateful to know what they are.  There is relief in understanding what the future holds, and knowing where you are going, even if it is not going to be pleasant.  

It is fulfilling to be able to help a client understand their path forward and formulate their own plan.  We can craft a plan for you and your children based on your financial situation, your schedule, and your needs.  You can reach me at 515-809-9699 or dmiller@mzelaw.com.

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The attorneys of Miller, Zimmerman & Evans, PLC have more than 35 years of legal experience. They have represented hundreds of individuals and businesses in state and federal courts. They have also helped individuals mediate their legal issues to avoid court. Contact us to help resolve your legal issues.

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Email: dmiller@mzelaw.com

Phone 515.809-9699 | Fax 515.809-9690

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Office location: 535 S.W. 11th Street, Suite 100, Des Moines (corner of S.W. 11th and Murphy St.)

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