Yet, traditional divorce tries to keep the emotions on the sideline by focusing on each party’s legal position. Often the court process itself can cause trauma for families. For families, for mothers/fathers, for husbands/wives; the litigation-centered divorce approach is just not natural. The “parties” are two people who, at one point, chose to commit themselves to each other and to build a life together. When most people are first getting married, neither spouse can do wrong; their positives completely outweigh any negatives. When parties are contemplating divorce, it is an entirely different story. Anger and mistrust have taken over, and spouses interpret any action by the other spouse as an intentional slight against them. Often, this reaction is rooted in fear: fear of the future, fear of the unknown, and fear of being taken advantage of. There has to be a better way to “unmarry” these spouses – who were once so in love – without a knock-down-drag-out fight. There has to be a better way to unwind the lives of these two individuals without creating another trauma.

Collaborative Divorce is the better way. Collaborative Divorce keeps families out of court. Each spouse has their own separate attorney, and the two attorneys are there solely for the purpose of reaching an out-of-court agreement. Zero time, zero energy, and zero money go towards preparing for court hearings. The attorneys’ focus is entirely on helping the family move forward. The goal is for the parties to move on with their lives as painlessly as possible. Plain and simple. With Collaborative Divorce, the spouses are bound by a contract, known as a Participation Agreement, that prohibits their Collaborative attorneys from being used in court. On the rare occasion the spouses are unable to reach an agreement and must proceed to court, their Collaborative attorneys would withdraw and the spouses would hire new trial counsel. Incidentally, the majority of spouses going through a Collaborative Divorce reach a full agreement. They are committed to a peaceful process from the beginning, and it shows in their outcomes.

Collaborative Divorce is the better way to help families process the emotions of divorce. Attorneys are equipped to advise and to make arguments for our clients. We aren’t specifically trained to handle the emotional aspects of divorce. However, therapists and mental-health professionals are equipped for this. They specialize in family dynamics, interpersonal communication, and child development. They can help develop a parenting plan – when children are involved – that is developmentally and emotionally tailored to meet your children’s needs. These professionals are brought into the Collaborative Divorce process to cut through the emotional baggage and help spouses reach an agreement. To help you see beyond the past so you can get to your better future. To help you move on. To help you move forward. It is as simple as that.

Collaborative Divorce is also the better way to help families process the financial questions involved in divorce. Attorneys are not specifically trained in the art of financial analysis. Similar to the mental health experts, neutral financial experts can also be brought in to provide – among other things – income projections, budgeting solutions, and retirement projections for spouses involved in the divorce process. In the Collaborative Divorce process, parties agree to provide the financial professional with documentation of all marital assets. They agree to full financial transparency. With this agreement, the financial professional can review the financial documents and help the parties address concerns and jointly plan for the future. Retaining a Collaborative financial professional can also end up saving a family money in their divorce. In Iowa, divorcing spouses are required to exchange mandatory financial information and documents. In traditional court-based divorce, spouses do this through their attorneys. In Collaborative Divorce, both spouses work with one neutral financial expert. The financial expert is just that – an expert. They can work faster and cheaper than the attorneys to collect and analyze the spouses’ financial data. And, because they are working with both spouses, they will not need to request duplicate information for each spouse and there will be no reason to complete the traditional “discovery” process. This often saves clients thousands of dollars when they choose Collaborative divorce.

Collaborative Divorce is a simple and sensible idea based on the concept that families don’t belong in court.  Emotions are not ignored, but rather they are incorporated into the process so that spouses can move forward in their lives.  And families can benefit by a better understanding of their finances so that they can make smarter financial decisions more efficiently. If you are contemplating divorce, Laura Lockwood with Hartung Schroeder is trained in Collaborative Divorce and can assist you through this unique and forward-thinking divorce process.

If you are going through a divorce, or have watched friends and family go through a divorce, you have likely heard about the concept of “disclosing assets.” Through the divorce process, spouses are required to disclose all of their financial assets – even if they may have owned them prior to the marriage.

Imagine the process accounting for each and every thing you own – bank accounts, sentimental photos, retirement accounts, stock certificates, valuables, cars, collections, hobby equipment, jewelry, tools, furniture, electronics, etc. You get the picture. It is quite the process. It is easy to see how a spouse might not fully disclose each and every one of their assets.

However, it is also easy to see how a spouse could use this daunting inventory process to claim they “just forgot” a specific asset – when the truth is, they didn’t disclose the asset because they didn’t want to split the asset with their soon-to-be ex-spouse. Divorces often bring out the worst in people, and hiding assets is one of the “bad behaviors” that emerge in the divorce process.

Without having specific knowledge of their spouse’s income and assets, many people finalize their divorce without really knowing what was in their marital estate. There are some signs to look out for if you suspect your spouse of hiding assets:

• New bank account statements from accounts you do not recognize
• Unexplained funds “missing” from joint accounts
• Spouse claims a sudden decrease in income
• Decrease in deposits to joint accounts
• Spouse begins gifting or loaning money to friends and family
• Spouse complains about money but makes big purchases

Even if you notice some of these signs above, it does not mean your spouse has been successful in their attempts to hide assets. If one spouse was solely responsible for managing money, the other spouse has the right – through the discovery process – to request copies of all financial documents relevant to the marriage. You will be able to obtain tax documents, account statements, loan documents, and any other paperwork that relates to assets. If your spouse refuses to provide the requested documentation, they can face sanctions from the Court – including having to pay your attorney fees, having the court continue (or delay) your divorce trial, or even possible dismissal of the case.

If you have concerns that your spouse may be hiding assets it is worth it to contact a divorce attorney as soon as possible to discuss ways to protect your assets and your legal rights. Hartung Schroeder is well-versed at guiding our clients through the pre-divorce and divorce stages of uncovering all marital assets. Set up a consultation with us to ensure you understand the details of your specific situation.

ABOUT LAURA LOCKWOOD

Laura Lockwood is a collaborative attorney and mediator, practicing primarily in the area of family law. Having received extensive training in the collaborative and mediation processes, Laura believes strongly that peacemaking is an invaluable skill — particularly in family law. You can read more about Laura or get in touch with her here.

“Can I record my ex in my family law case?” This is a common question that arises as we guide our clients through a divorce or child custody action. People often don’t consider whether the can legally obtain those recordings or whether the recordings are even admissible in their court proceedings. It important for clients to understand what role, if any, audio or visual recordings can play in their case – before they decide to record.

In the State of Iowa, specific laws exist prohibiting “illegal wiretapping”. See Iowa Code Section 808B.8. In general, recording a conversation in Iowa is permitted only if one party (which could be the recording party) consents to the recording. While it is illegal to record communications that did not involve you; it is perfectly legal to record your own phone calls, video calls, or in-person conversations with another person. However, if you are not a party to a conversation, the conversation is considered a “private” and protected communication. If you attempt to use this protected communication, you could be subject to criminal and civil liability.

Hartung Schroeder has successfully navigated this very issue for a recent client. See Papillon v. Jones, 892 N.W.2d 763 (Iowa 2017). Our client was involved in a bitter child custody dispute with her ex-boyfriend, Jones, who was also the father of her two children. Jones placed a recording device in our client’s home, and secretly recorded conversations between our client, her friends, her mother, and her attorney – all without our client’s knowledge. Jones then used the recordings in consultations with a custody evaluator and intended to use them at a child custody hearing. Before the resolution of the child custody issues – which were resolved in favor of our client – we pursued a lawsuit on her behalf against Jones seeking damages for illegally recording her conversations. The court heard the case and returned a verdict in favor of our client for actual damages, attorneys’ fees, and punitive damages. With this first-hand experience representing a victim of “illegal wiretapping”, we attorneys at Hartung Schroeder are uniquely experienced at advising our clients about the use of recordings in child custody and divorce cases. If the question is about a phone call that occurred between parties who are in different states, this scenario would call for the intersection of federal law and the law of multiple states. Hartung Schroeder can guide you through the unique facts and law pertaining to your specific case.

Just because a client is able to obtain a legal recording that is relevant to their case, it does not necessarily mean the recording will be useful. Many clients believe that if they “catch” their spouse or ex by recording them, or if they record their children telling them something favorable, it will be their trump card. However, your “legal” recording may not be admissible in the court of law. Likewise, if it is admissible, it may not be viewed favorably by the judge. There are many judges who would look negatively upon a client who records another, legally or not. In many instances, the Court may focus less on the recorded conversation and more on the act of recording. Custody cases often hinge on the parents’ ability to effectively communicate with one another. If you record the other party or a child without their consent, a judge may question whether you are capable of coparenting. Bottom line: Every circumstance is unique, and it is important to be very mindful of the consequences of recordings and how they could affect your legal matter.

Please note: This is not legal advice about your specific case. Because of the fluid nature of divorce and custody cases, it is always best to consult with an Iowa lawyer about your specific facts and about any applicable wiretapping laws.

ABOUT LAURA LOCKWOOD

Laura Lockwood is a collaborative attorney and mediator, practicing primarily in the area of family law. Having received extensive training in the collaborative and mediation processes, Laura believes strongly that peacemaking is an invaluable skill — particularly in family law. You can read more about Laura or get in touch with her here.

I am often asked by clients how they can go about changing or modifying an existing child support order. If one thing is certain about a child support (particularly if entered when children are young), it is that the child support amount will likely need to be modified at some point in the future. Any changes in the parties’ financial circumstances – including income changes for either parent, changes in healthcare coverage, birth of a new child to one of the parents, parenting schedule changes, etc. – can result in a change in child support. The Child Support Recovery Unit (through the Department of Human Services) does offer an option for an Administrative Modification of child support. However, these administrative modifications are limited in when they can occur, in what income changes the Court can consider, and in what is considered a “change in circumstances” to warrant a modification.

Hartung Schroeder is able to assist our clients with an initial child support review to determine if further legal action is necessary to protect the client’s rights and to ensure they are paying (or receiving) the appropriate amount of child support. If clients have proof of income for themselves and the other parent, that initial review and assessment is quick and easy. After that assessment, the client will have the necessary information to determine if they should move forward with a child support modification action. If the other parent’s income is unknown, the filing of a child support modification action in District Court triggers a requirement for the parties to exchange financial information. Once that information is obtained from the other parent, Hartung Schroeder is able to determine the other parent’s income, calculate and create new Child Support Guidelines worksheets, and determine the appropriate amount of child support. Child support modification actions are often quick and easy, but they do require the keen eye of an attorney to ensure that all income sources are reviewed and all aspects of the Guidelines are considered in order to obtain the best possible financial outcome for our clients.

ABOUT LAURA LOCKWOOD

Laura Lockwood is a collaborative attorney and mediator, practicing primarily in the area of family law. Having received extensive training in the collaborative and mediation processes, Laura believes strongly that peacemaking is an invaluable skill — particularly in family law. You can read more about Laura or get in touch with her here.