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Author Archive | Amanda Van Wyhe

Iowa Divorce Class – Denison – Sioux City – Storm Lake

Iowa Divorce with Children or Custody Case – Mandatory Children Cope Class Information

In any action which involves child custody or visitation, the parties are to take a court-approved education course designed to help the parties understand the needs of the children during and after the court proceeding. Below is a list of classes available in Northwest Iowa for 2016.

DENISON: WITCC, 11 N.35th Denison, IA

Time: 6:00 PM to 10:00 PM (Thur.)

Dates: Jan 28, March 17, May 26, July 28, Sept 29, and Nov.= 17

STORM LAKE: BV Regional Medical Center -Kallmer Education Center Room AB

Time: 3:15 PM to 7:30 PM

Dates: April 9, June 18, Aug 13, Oct 8, and Dec 10

SIOUX CITY: Unity Point Hospital -Meeting Room 302A

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What Will My Divorce Cost?

What Will My Divorce Cost?

One of the first questions people ask when hiring a lawyer is how much will it cost? While we cannot guarantee what your total cost will be (as it depends on your own individual facts and circumstances), the guidelines below will give you an estimate. Our hourly fees are $225 for attorneys and $75 for paralegals. We generally require a retainer payment at the first client meeting between $2,500 and $5,500. We accept payments via credit card, cash or check.

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Shared Physical Care – Parenting Time Schedules

In Iowa (and to a lesser extent South Dakota and Nebraska), shared physical care is becoming more and more common. Shared physical care parenting time schedules vary from family to family.  One of the more common schedules involves the children rotating between the parents homes on a weekly basis (with the opposite parent having one evening of mid-week visitation). Other common schedules are as follows:

5/5/2/2 Shared Physical Care Parenting Schedule

************SUN        MON      TUES      WED     THURS     FRI        SAT
WEEK 1         MOM      MOM      MOM      DAD     DAD          DAD       DAD
WEEK 2        DAD        MOM      MOM      DAD     DAD          MOM     MOM
WEEK 3        MOM      MOM      MOM      DAD     DAD          DAD       DAD
WEEK 4        DAD        MOM      MOM      DAD     DAD          MOM     MOM

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Nothing is More Expensive than a Cheap Lawyer

Interesting article by Amy Rees Anderson from Forbes.com discussing the pitfalls of hiring a “cheap” lawyer.

One of the biggest mistakes I made early on as an entrepreneur was hiring cheap lawyers or not using an expensive lawyer nearly enough, thinking I was saving money for my business. But over the years, the school of hard knocks taught me just how expensive cheap legal help can be.

I don’t recall ever meeting anyone who actually enjoys writing a check to an attorney. Frankly I can’t recall meeting many people who enjoy lawyers at all – not the individuals themselves, but the idea of having to have a lawyer in the first place. Heaven would be a world where the need for lawyers didn’t even exist – where everyone could be trusted to uphold their word, where no one would ever have misunderstood expectations in their agreements, and where a simple conversation could settle any dispute that arose. But we aren’t in heaven – not yet anyway – and we certainly aren’t living in a perfect world, so the cold hard truth is that when push comes to shove, you better be hoping to heaven you have a great lawyer there to have your back.

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Facebook is Divorce Lawyers’ New Best Friend: Whatever You Share Online Can (And Will) Be Used Against You In Court

A must read for anyone going through a divorce. Facebook posts are commonly used in divorce proceedings so don’t post anything that you do not want the Judge to see. Leanne Italie of the Associated Press writes:

Forgot to de-friend your wife on Facebook while posting vacation shots of your mistress? Her divorce lawyer will be thrilled.

Oversharing on social networks has led to an overabundance of evidence in divorce cases. The American Academy of Matrimonial Lawyers says 81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.

“Oh, I’ve had some fun ones,” said Linda Lea Viken, president-elect of the 1,600-member group. “It’s very, very common in my new cases.”

Facebook is the unrivaled leader for turning virtual reality into real-life divorce drama, Viken said. Sixty-six percent of the lawyers surveyed cited Facebook foibles as the source of online evidence, she said. MySpace followed with 15 percent, followed by Twitter at 5 percent.

About one in five adults uses Facebook for flirting, according to a 2008 report by the Pew Internet and American Life Project. But it’s not just kissy pix with the manstress or mistress that show up as evidence. Think of Dad forcing son to de-friend mom, bolstering her alienation of affection claim against him.

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Iowa Supreme Court Held Husband was Properly Awarded Joint Physical Care

The Iowa Supreme Court held that father was properly awarded joint physical care notwithstanding mother’s testimony alleging communication problems and the parties contentious relationship. The court gave deference to the district court’s finding that mother’s testimony lacked credibility. The court noted that the children had thrived under the joint physical care arrangement for the past two years, i.e. the daughter was doing well in school, the son was developing well for his age, both children benefited from frequent contact with both parents, and both parents had been actively involved in caring for the children and their activities. Accordingly, the Supreme Court held that joint legal custody and shared physical care were in the best interests of the children. In re Marriage Harris, No. 12-1969 (Iowa 2013).

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Iowa Divorce Class – Denison – Sioux Center – Sioux City

IOWA MANDATORY DIVORCE CLASS – DENISON – SIOUX CENTER – SIOUX CITY

Iowa Law Section 598.15(1) provides “[t]he parties to any action which involves the issues of child custody or visitation shall participate in a court-approved course to educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding within forty-five days of the service of notice and petition for the action or within forty-five days of the service of notice and application for modification of an order. Participation in the course may be waived or delayed by the court for good cause…”

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