Family Law

When deciding on child custody in Iowa, the best interest of the child is always the main motivation. While parents are typically encouraged to come to an agreement out of court, this isn’t always possible. If mediation fails, your child custody case may be argued in court. Our child custody lawyers are ready to advocate for you and your child(ren) in and out of court. We can also assist with modifications to your child custody agreement, if either parent’s situation changes (such as child relocation).

Parental abduction or kidnapping involves the taking or concealing of a child by a parent in violation of the rights of the other parent or legal guardian. Parental kidnapping is a criminal act and needs to be handled by an attorney well-versed in child custody matters. Our family law attorneys can help fight for your parental rights.

When a parent takes a child from the United States or refuses to return a child to the United States, complex international laws come into play. A knowledgeable family law attorney needs to consider the country and the specific child custody laws that govern each parent’s legal rights. If you are dealing with international child abduction, contact our office immediately for help resolving the issue as quickly and efficiently as possible.

If you are seeking spousal support in a divorce or oppose providing spousal support in a divorce, you need an experienced alimony attorney to carefully look through the full financial picture and consider the factors involved in your unique situation.

In Iowa, spousal support is awarded based on one party’s ability to pay and the other party’s financial need in order to retain the same relative lifestyle shared by both parties during the marriage. Some factors considered include:

• The duration of the marriage
• The property brought into the marriage by each party
• The contribution of each party to the marriage
• The age and physical and emotional health of both parties
• The contribution by one party to the education, training or increased earning power of the other
• The earning capacity of each party
• Other factors

Our experienced spousal support lawyers can protect your interests and find the best possible solution for you.

Our family law attorneys in Des Moines are dedicated to helping you become a parent through adoption. We can help thoroughly explain the adoption process, file the necessary paperwork, obtain consent from the birth parent, complete the termination of the birth parent’s parental rights and finalize the adoption.

There are certain circumstances when the termination of a parent’s parental rights is needed. If you are seeking to terminate parental rights or defending against the termination of parental rights, you need to speak with a knowledgeable family law lawyer. We represent parties on both sides and help navigate the process and implications.

Consulting with a family law attorney is wise before legally changing your name. We will fully explain the impact of a name change and guide you through all the paperwork needed for a name change in Des Moines.

While a divorce establishes the end of a valid marriage, an annulment means the marriage was never valid in the first place, and therefore, never existed. The conditions for an annulment include:

• Where the marriage between the parties is prohibited by law.
• Where either party was impotent at the time of marriage.
• Where either party had a husband or wife living at the time of the marriage.
• Where either party was a ward under guardianship and was found by the court to lack the capacity to contract a valid marriage.

If you meet any of these conditions, you need to seek an experienced family law attorney to annul your marriage. At Lubinus and Merrill, P.L.C., we’ll help make the annulment process as smooth as possible.

If both parties in a marriage agree on the terms of a divorce, the uncontested divorce process in Iowa can be an efficient and cost-effective way to dissolve a marriage. In cases where each spouse agrees on things like child custody, property division, spousal support, child support, etc., our divorce attorneys can draft a divorce settlement and submit it to the court for approval. Once approved, the settlement terms become enforceable and the divorce is final. Divorce is stressful enough, but Lubinus and Merrill, P.L.C. can help streamline your uncontested divorce process from start to finish.

If either party in a divorce proceeding disagrees on the terms or the need for a divorce, the case will be scheduled for trial before a judge. At this trial, each spouse and his/her divorce attorney will present information to a judge, and the judge will ultimately make a decision. The contested divorce process can be complex, so it’s important to have a knowledgeable divorce lawyer protecting your interests. For contested divorces in Des Moines, we offer quality and dependable legal representation from start to finish.

Our Des Moines attorneys can help you establish a plan to manage, administer and distribute your assets during your life and after. We also can guide you through the probate process, upon the death of a loved one. The basic Estate Planning package consists of a Will, Living Will and Durable Health Care Power of Attorney and Financial Power of Attorney.

Our Des Moines attorneys can help you establish a plan to manage, administer and distribute your assets during your life and after. We also can guide you through the probate process, upon the death of a loved one. The basic Estate Planning package consists of a Will, Living Will and Durable Health Care Power of Attorney and Financial Power of Attorney.