Clients rely on Erek Sittig for many family law issues including dissolution of marriage, child custody, child in need of assistance and guardianships.
Erek usually charges $135 per hour for representation in these matters, and offers a free initial consultation (maximum 30 minutes). Please call for a no obligation written estimate of the fees likely to be charged for your case.
Following are answers to a number of frequently asked questions about dissolution of marriage and child custody:
The person filing the petition to start the case will generally be required to pay a filing fee of $185. In addition, for dissolution of marriage cases, there will be a $50 decree fee at the end of the case. There may also be costs of court reporters, if there are formal hearings involved.
Fees for legal representation will vary from case to case. You should contact an attorney for an estimate based on your particular circumstances.
The Court or the parties, if they settle the case, will determine who will have custody of the children involved, what visitation will be for a noncustodial parent, how much child support one party will owe to the other and who will be responsible for health insurance and medical expenses for the children.
In dissolution of marriage cases, there will also be decisions about who gets what property and whether one party will be required to pay spousal support (alimony) to the other.
In the Sixth Judicial District of Iowa, which includes Benton, Iowa, Johnson, Jones, Linn and Tama counties, when a person files a petition to begin a case, the Court enters an order governing the timing of certain events. The parties will be required to exchange financial information, attend certain educational classes, attend mediation and attend a pretrial conference. If all of these are completed in a timely manner, there will be a telephone conference approximately four months after the petition is filed to choose a date for trial.
While some cases are wrapped up within a few months, others last a number of years. The actual amount of time required will depend on a number of factors.
In Iowa, parties must wait at least 90 days after the petition is filed before the Court can enter a decree of dissolution of marriage. This waiting period does not apply to cases dealing solely with child custody.
Settlement out of the courtroom is the preferred method of concluding cases. That is one of the reasons that mediation is required in the Sixth District. Even if the parties settle the case prior to the end of the 90-day waiting period for dissolution cases, they will generally be required to wait until the end of that period to get a final order from the Court.
Either party may ask the Court to enter orders concerning temporary custody, visitation and child support. In the Sixth Judicial District, the parties will be required to attend mediation prior to a temporary order being entered.