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Des Moines Legal Issues Blog

Prenups may help reduce tension in divorce

In Iowa and elsewhere, deciding to end a marriage can be stressful. It can be overwhelming to deal with the mountain of issues that may arise in a divorce. However, if a couple has a prenuptial agreement in place, most of the potentially volatile questions have already been resolved. Many couples have come to view prenups as a necessary part of wedding planning.

Often, prenuptial agreements deal with how assets and property should be divided if a couple gets divorced or one spouse dies. In some situations, stipulations are included that deal with alimony or spousal support payments. How debt should be handled, child care issues or specific lifestyle instructions are also items that are frequently addressed in prenups.

Criminal defense: Man arrested on drugs and weapons charges

Law enforcement agencies in Iowa and elsewhere around the nation often work together on ongoing investigations. These operations frequently occur over a long period of time. Officers rely on tips and informants for information regarding suspected activities. Police recently made an arrest in Davenport following one such investigation, leaving one man in need of a strong criminal defense.

Officers from the Bettendorf and Davenport Police Departments had received information about alleged drug activity at a local apartment complex. Initial reports stated that a man was arrested at the facility following the police visit there. Supposedly, a vehicle was towed from the apartment building. Officers also evidently left the residence with a brown paper bag.

Divorce issues: Is getting a prenup the right thing to do?

Most couples planning a wedding in Iowa or in other parts of the country are focused on choosing their venues, selecting menu options for their receptions or deciding where to go on their honeymoons. They are likely not thinking about what may happen down the road if they decide to get a divorce one day. However, marital experts suggest that discussing how to handle things in the event of a split before getting married can be a wise move. In fact, many recommend that couples develop prenuptial agreements before their wedding days.

The nation's Academy of Matrimonial Lawyers have reported a recent increase in prenups over the last few years. Millennials, in particular, are requesting the agreements more frequently. Some attribute the increase to the fact that more couples are older when they marry, and therefore bring more wealth or individual assets to the marriage.

Growing number of couples over 50 getting gray divorce

Many Iowa residents and others around the country are in the Baby Boomer generation. They are now over the age of 50 and are heading into their retirement years. Statistics show that people in this demographic are experiencing a greater likelihood to get a divorce. While other age groups have seen a decline or at least a plateau in divorce rates, the rate for Baby Boomers is increasing.

According to reports, over the last two decades, the possibility that an adult over the age of 50 would get a divorce doubled. For those older than 65, this chance was greater. The studies show that divorces for this demographic may be for marriages that have lasted for decades. Even if a divorce occurs after a shorter second or third marriage, there are still emotional and financial ramifications.

What you should know about alimony in Iowa

Your spouse got an amazing job offer and you agreed that it was too good to pass up, even though it meant making some sacrifices in your own career. While your relationship was smooth, it seemed like the right decision. Now that the two of you are talking about divorce, though, your much lower earning potential feels very unfair. Fortunately, Iowa judges take factors such as earning potential into account when determining - on a case-by-case basis - whether a spouse should receive alimony or maintenance.

Probably not a good idea to admit theft without criminal defense

If Iowa police take someone into custody, claiming to have probable cause to make an arrest on suspicion that he or she has committed a crime, they may start asking the person they're arresting questions before they even get to the county jail. For instance, an officer might ask someone where he or she has been for the last several hours. Answering such questions without criminal defense representation present can be a bad idea, especially if prosecutors later file theft charges or some other criminal charges against the individual.  

One man who was recently arrested reportedly mentioned in an affidavit that he may have been the one who took a bag of money from a restaurant. He told investigators that he can't remember for sure, but it is, in fact, possible that the incident occurred. Such assertions could definitely complicate a defendant's legal situation.

"Gray divorce" rate increasing for adults over 50

As adults in Iowa and elsewhere around the nation get older, most tend to focus on their retirement years and how they will spend their time after they are no longer in the workforce. However, research is showing that many adults over the age of 50 are also pondering a change in their marital statuses. While other ages are experiencing a decrease in the divorce rate, the divorce rate for older couples is on the rise.

A national research company reports that "gray divorce" or divorce among couples aged 50 and older has actually doubled in the past two decades. While divorce can be potentially stressful at any age, there are some implications for older adults that should be considered. When couples have spent a considerable amount of time together, there are likely more assets -- and even debts -- to divide in a divorce.

Talking about prenups early can help avoid conflict in divorce

High school graduates in Iowa and all across the country are typically looking forward to the next chapters in their lives. Many are getting ready to embark on new educational challenges at college, while others may be ready to enter the workforce. It is not likely that many of them are thinking about getting a prenup. However, some financial advisers recommend talking with young adults at this stage in life about the importance of developing a prenuptial agreement. They contend that having one in place when it is time to get married can minimize potential conflict should a divorce occur in the future.

Experts believe that the best time to begin a discussion about a prenuptial agreement is when a couple is dating. This eliminates the possible stigma of waiting to bring up the notion of a prenup while wedding plans are underway. If done apart from actual discussion of marriage, the discussion is more likely to be done without emotions running high.

More millennials wanting prenups, according to divorce lawyers

Millennials in Iowa and elsewhere around the country often tend to get a bad rap. Some cite their lack of work ethic or the fact that many seem to have a sense of entitlement as support for why this generation is not what it should be. However, studies show that millennials are more frequently taking steps to protect themselves and their assets should they get a divorce somewhere down the road.

An organization of matrimonial lawyers recently reported that there was an increase in the number of millennials who wanted to develop prenuptial agreements. While there has been an overall jump in how many couples want prenups, millennials have some situations that make the agreements attractive. For example, many millennials are getting married later in life. Therefore, they are entering marriage with established careers, property or other assets. On the other hand, they may also have debts, such as student loans, that must be repaid.

Looking at an uncertain future with OWI on your record

You may think that you can drive safely after enjoying a beer or two, but the unexpected can happen. For example, imagine you are pulled over for a broken tail light. The cop smells alcohol on your breath, and before you even realize you could be in trouble, you are arrested for operating while intoxicated.

Now you begin to think about the consequences of OWI and how a conviction could affect your future.