The staff of the Women’s Resource and Action Center are not legal advisors. If legal advice is needed, please consult an attorney.
If you are seeking a lawyer to represent you: *
• Ask your friends, family, and colleagues for a referral.
• Contact the Iowa State Bar Association’s attorney referral service toll free:
1- 800-532-1108.
• Martindale-Hubbell Legal Directory: www.martindale.com
• Search the Internet or telephone directory.
Checklist - Things to consider before you hire a lawyer:
How much will it cost?
How much is the retainer?
If you’re not comfortable, you should probably look for someone else.
May I represent myself?
Yes. You are not required to use an attorney to represent you in court, but professional
legal representation is often warranted because of the complex nature of the law and court
procedures. Litigants who represent themselves may miss important issues, make critical
errors, or fail to anticipate the consequences of their lawsuits. For these reasons, we
strongly suggest that people who are contemplating legal action or who have been served
with a lawsuit consult with an attorney.
A person who is not authorized to practice law in Iowa cannot represent you in
court.
Court personnel are not permitted to make referrals.
In certain types of cases such as serious criminal, child in need of assistance, termination
of parental rights, and involuntary commitment, the court will appoint an attorney for a
person who cannot afford one.
Attorneys have two main roles: advisor and advocate.
**
Ask your friends, family and other people you respect about who they would recommend, and why. The Iowa State Bar Association FIND-A-LAWYER service can assist you in your search. The service will supply you the name or names of lawyers who are willing to consult with you at no charge for the first 30 minutes. If further legal services are needed, you and the attorney will negotiate the arrangement including the fee.
Iowa offers free legal help and information on civil law problems for eligible Iowans in every county of the state.
Iowa Legal Aid
1111 9th Street, Suite 230
Des Moines, IA 50314
(800) 532-1275
Iowa Legal Aid Iowa City Regional Office
430 Iowa Avenue
Iowa City, IA 52240
(319) 351-6570 or (800)272-0008
Low Cost Legal Services
There are many legal aid offices and programs around the state that assist people who cannot afford an attorney but who need legal assistance in civil matters such as landlord-tenant disputes, problems with state or federal aid, and divorce.
www.iowacourts.gov/Legal_Help/Low_Cost_Legal_Aid/
The Women’s Resource and Action Center no longer offers a Pro Se, or “do-it-yourself” divorce kit. However, you can download one from the Iowa Judicial Branch website.
Look for the tab marked “Representing Yourself”
Forms and Instructions can be found on the “Divorce/Family Law” tab. These forms can be a little intimidating at first – this file is currently 94 pages long. But don’t get discouraged, most of it is instruction, and the average couple doesn’t need every form in the pack.
The most important thing you and your spouse can do to save money is agree with each other. At a time like this, that may be difficult, but if you don't need to involve a lawyer, your only costs will be printing these forms, and filing at the Courthouse.
The current cost to file these forms at the County Courthouse: $100
You will still need a lawyer if any of the following apply:
You have children under the age of 18 who were born during the marriage.
You and your spouse disagree on any of the issues.
Your spouse obtains a lawyer.
Your spouse is in the military.
The wife is pregnant.
Your spouse tries to dispose of property you want to keep.
There is any violence between you and your spouse.
You and your spouse may be able to resolve some of these issues with Mediation. (This service is not free.)
Mediation is an opportunity for people to talk together and make their own decisions on what to do next, with the help of a neutral mediator.
Mediation is private and confidential.
In mediation, you can tell the other person what is important to you about the situation and how it has affected you. You can tell them what you want them to understand. You can ask questions. You can hear what they have to say.
Sometimes mediation is the only chance people have to talk directly to each other, to talk things through, to be heard.
Most of the time, people hear new information in mediation. Often, people feel heard for the first time.
There is no agreement in mediation unless you both agree to it.
Most people are sure that mediation won't work for them. Yet over 70% of the people who mediate reach an agreement, and they are surprised. When people do reach agreement, they save money and time and, more importantly, they make their own decisions.
One more thing to consider:
When there is real property, debt, spousal or child support possibilities (now or in the future) or child custody questions (now or in the future) it may be important to obtain a lawyer. Representing yourself may save money at present, but end up costing more – emotionally and economically – in the future when issues arise that were not settled in the initial dissolution petition and decree.
There are also some great resources on the Iowa Commission on the Status of Women website:
Look under “Resources & Tools for Women”
At this current time, there is no Pro Se, or "do-it-yourself" child custody packet. This continues to be a complicated process, even when both parties agree. The simplest way to file a Child Custody Order may be through Mediation. If you and your spouse are not able to agree on custody issues, you will need to find an attorney.
Custody and visitation orders may be modified if the court finds that a substantial change of circumstances has occurred. A party must apply to the court for a modification of an order. More information about Child Custody, Grandparent Visitation, Child Support and Paternity can be found on the Iowa Judicial Branch website.
The following information is from the Iowa Civil Rights Commission Website:
If you wish to explore the possibility of filing a complaint with the Iowa Civil Rights Commission, it must be filed within 300 days of the last alleged discriminatory act. You can do this by calling: 1-800-457-4416 ext. 14430 or ext. 14437 (or 515-281-4121) between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday.
www.state.ia.us/government/crc/index.html
Name Change:
Iowa Law
A person who is eighteen years of age or older and who has no civil disabilities may apply to the court to change the person's name by filing a verified petition. If you are seeking a name change as part of a pending divorce, you should include your request for name change in your divorce papers rather than using this procedure.
A petition for name change must include:
Your current name,
Specific personal identifying information,
Place of residence(s) for the past five years,
Reason for request,
The legal description of all real estate in Iowa you own, including property in which you have a full or partial legal interest, and
The new name you want.
You must attach a certified copy of your birth certificate.
If you are married, you must serve the petition on your spouse in the manner of original notice.
Current cost to file a name change at your County Courthouse: $100.00
Durable Power of Attorney for Health Care lets you choose a person, or persons, who can legally make health care decisions for you if you become unable to make those decisions and speak for yourself.
Things to consider when setting up a Durable Power of Attorney for Health Care:
• Who makes decisions about your health care if you can not?
• Who will decide when to accept, refuse, or limit medical treatment?
• Will they consider your spiritual beliefs and how they fit with your choices?
• Are food and water basic human rights? (even if delivered by tube, or vein)
http://www.iowabar.org/main.nsf
On the list to the right, click "Public Information". Then look for "Forms".
POWERS OF ATTORNEY FOR HEALTH CARE DECISIONS
A power of attorney is a written document by which one person gives to another person (the attorney-in-fact) the authority to act on behalf of the first person in one or more matters.
By executing a health care power of attorney, you are authorizing the attorney in fact to make health care decisions on your behalf. Health care decisions mean the consent, refusal to consent or withdrawal of consent to health care. Health care means any care, treatment, service or procedure, the purpose of which is to maintain, diagnose or treat an individual’s physical or mental condition.
More information can be found at the Iowa State Bar Association web page.
A "last will and testament," is a tool that will allow you to:
• leave your property to people or organizations
• name a guardian to care for your minor children
• name a person to manage the property you leave to your minor children
• name an executor, who will carry out the terms of your will
In Iowa, if you die without a will, your property will be distributed according to “intestacy” laws. Iowa’s intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you don’t have a spouse or children, your grandchildren, parents or grandparents will get your property. If the court finds no living relatives by blood or marriage, the state will take your property.
You do not need a lawyer to make a will in Iowa. However, you may want to consult a lawyer in some situations. For example, if you think your will might be contested, you should talk with an attorney.
To make a valid will in Iowa you must sign it in front of two witnesses, and your witnesses must also sign it. You do not need to notarize your will to make it legal in Iowa, however, if you make your will “self-proving” you can speed up probate because the court can accept the will without contacting the witnesses who signed it. A self-proving will can be done with the help of a notary who can create an affidavit that proves who you are, and that you knew each of the witnesses who are signing the will.
In Iowa, you can also use your will to name an executor who will ensure that the provisions in your will are carried out after your death. If you don’t name an executor, the probate court will appoint someone to do it.
