Do I Need to Have a Lawyer?

It is best to have a lawyer. But there are times when parties are able to work out a settlement that satisfies both of them. No law says people must have a lawyer in order to get a divorce. However, in these cases you should talk to a lawyer:

• When there are children from this marriage; or
• When either of you own real estate; or
• When you don't agree about how to divide what you own; or
• When one party thinks he or she may be entitled to support from the other party; or
• When there is any dispute.

If you do not have children, the Iowa Supreme court now has forms to let you file pro se. "Pro Se" means "do it yourself without a lawyer."  If you file without a lawyer and you do not have children, you must use the forms from the Iowa Supreme Court. These forms are found on the Iowa Judicial Branch website:
http://www.judicial.state.ia.us/Court_Rules_and_Forms/Family_Law_Forms/

The Guide to Representing Yourself in an Iowa Divorce Case tells you step-by-step how to file for a divorce. The packet will be available
 from the clerks of court in June, 2007, and will cost around $10.00. The court will not waive the cost of the packet, but it is available online.
 

How Much Does it Cost to Get a Divorce?

A fee of $100.00 must be paid to the Clerk of Court when the divorce Petition is filed. There are also service fees to the Sheriff if service must be made by the Sheriff. Service fees are usually $20 to $30. If you are unable to pay the fees, you can apply to proceed ?in forma pauperis? and ask the Court to waive your fees. You must provide specific details about your income and expenses. A petitioner who proceeds in forma pauperis can file without paying a fee. The fee will still be charged to a party at the end of the divorce. Also, a $50 fee must be paid when the final decree is filed.
Many lawyers require ?retainers? or money up front to start a divorce action. Fees vary from city to city and from law firm to law firm. Lawyers often want at least a $500.00 retainer. Discuss fees and payment options with your lawyer. Be sure you know how much your lawyer charges per hour. If he or she charges a flat rate, find out what it will be. Ask if that flat rate goes up if the case gets more difficult than it seemed at first.

A contested divorce is when the parties cannot agree on the issues. Most of the time this costs more than an uncontested one. The reason is because a trial is often involved. Courts may require the party in the best financial position to pay part or all of the legal fees. This may include some of the other side?s fees.

If you can get a lawyer through Iowa Legal Aid, no attorney fees are charged.

What If I Can?t Afford a Lawyer?

Cost is a major concern to many people in deciding whether or not to have a lawyer. If you do not have a lawyer, your rights may not be addressed in your divorce petition and decree. This may end up costing more in the long run. It can happen since you must pay later to try to get changes in the initial decree. Courts are reluctant to make any changes later unless there has been a major change of circumstances. Property decisions cannot be changed later by the Court in any event. Consider, too, the negative feelings you will have if you feel that your rights were not considered in the initial petition and decree.

In some parts of the state, special programs help reduce the expenses involved, such as attorneys fees. Talk to the Clerk of Court in the county the divorce is filed to find out if there is such a program in your area.
The Court may order your spouse to pay attorney?s fees. This will not occur until after a hearing on temporary support and fees or the decree is final. In the meantime, most lawyers will want payment in order to start the divorce.

Talk to your lawyer to see if you can pay in installments.

If you are a victim of domestic abuse and are low-income, Iowa Legal Aid may be able to help. Call the Iowa Legal Aid at 1-800-532-1275 or go to the "Where to Get Free Legal Help" channel on this website and enter the name or your county or your zip code to find out which office serves your county.

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