Carr Law Firm P.L.CDes Moines Family Law & Criminal Defense Lawyer | Car Law Firm, P.L.C.2024-03-25T12:58:05Zhttps://www.carrlawiowa.com/feed/atom/WordPressOn Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479952024-03-25T12:58:05Z2024-03-25T12:58:05ZWhen a marriage ends, there are many things that have to be considered. One of these has to do with property division. What many people don’t realize is that property division is more than dividing assets.
Another primary component of property division is taking care of marital debts. There are two main options for this. Each debt can be assigned to a person or assets can be liquidated so debts can be paid. Anyone going through an Iowa divorce should learn about debts in divorce.
Division of debt in Iowa divorces
In Iowa, dividing debt during a divorce follows the principles of equitable distribution, but with its unique considerations. Iowa courts look to divide marital debts fairly, though not necessarily equally.
Impact on credit scores
Debt division may significantly impact both parties' credit scores, even though divorce doesn’t directly affect credit reports. Creditors consider the names on the account, not the divorce decree, when determining responsibility for debt repayment. Your ex failing to pay debts as ordered can negatively affect your credit score if your name is also on the account. To mitigate such risks, divorcing couples may opt to work towards either paying off joint debts before finalizing the divorce or refinancing debts to ensure they're in the name of the spouse who will be responsible for them. Closing joint accounts and removing ex-spouses as authorized users on individual accounts can also help protect one's credit from the potential financial missteps of an ex-partner.Asset and debt division are critical in a divorce. Anyone facing this should take the time to learn the options available so they can work toward a suitable resolution as the marriage is legally ended.]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479942024-03-11T03:13:08Z2024-03-11T03:13:08Zstandardized field sobriety tests. These tests are physical activities that may help the police spot signs of inebriation. Here’s how each of these tests works and what the police are looking for.
Horizontal gaze nystagmus test
A horizontal gaze nystagmus test requires a driver to look at an object, such as a pen, finger or flashlight. The police will hold this object and move it horizontally as the driver keeps their gaze on it without moving their head. The intent of this test is to see if the driver’s eyes involuntarily jerk. If the police notice these involuntary jerky movements, then they may suspect that a driver is drunk.
Walk-and-turn test
The driver may be asked to do a walk-and-turn test. This test requires a driver to stand on a straight line. They’ll take several steps on this line, turn around and walk back to where they started. Walking off the line, falling or stumbling may mean that a driver is drunk.
One-legged stand test
The police may have a driver stand on one leg. A one-legged stand test lasts for about a minute. During this time, the police may suspect a driver is drunk if they fall over, put their foot down or use their arms to keep balance.
Failing any of these tests doesn’t always mean a driver is drunk. A driver may take medication or have a physical disability that prevents them from passing these tests. It’s important to know that poor performance on these tests isn’t necessarily evidence of being under the influence.
Drivers who understand their legal rights can better respond to any charges they’re facing. Having experienced legal guidance is also important to protecting your rights.]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479912024-02-23T21:28:14Z2024-02-23T21:28:14ZWhen two people have a glass of wine, they may assume that they are just as intoxicated. If they both have multiple drinks and one person knows that they can’t drive because their blood alcohol concentration (BAC) is over the legal limit, they may assume that is true for the other person, as well.
But the reality is that a BAC reading can be much different from one person to the next, even when they have had the exact same amount of alcohol. Here are a few different factors that influence how quickly a person’s BAC goes up.
Their weight
First of all, those who weigh less tend to see their BAC go up faster. A person who weighs 120 pounds could have a much higher reading than someone who weighs 250 pounds, even though they have the same drink.
Their gender
Gender also plays a role, and women tend to become intoxicated faster than men. Part of this is just that women tend to be smaller. But their body composition also plays a role.
What they ate
Eating a meal doesn’t sober you up, but if someone eats before drinking, that can delay the process of alcohol entering their bloodstream. So someone who drinks on a full stomach may have a lower BAC.
Sleep patterns
Finally, studies have found that someone who is lacking sleep is more likely to feel far more intoxicated off of less alcohol. If someone stayed up for 24 hours straight and then had a beer, it would affect them far differently than if they had gotten a full night of sleep.These are just a few things to keep in mind. If you do find yourself facing drunk driving allegations because your BAC was over the legal limit, be sure you know about your legal defense options.
]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479902024-02-09T21:54:44Z2024-02-09T21:54:44ZGray divorce, a term that refers to the increasing trend of divorce among older couples, typically after long-term marriages, presents unique challenges and considerations. Unlike younger people going through divorce, individuals experiencing a gray divorce must navigate a complex array of financial, emotional and logistical issues that are specific to their stage in life. This transition can significantly impact retirement plans, living arrangements and family dynamics, necessitating a thoughtful approach to ensure a stable future. Preparing for a few points is critical for these individuals.
Financial implications
Financial implications are among the most pressing concerns in a gray divorce. Couples must untangle decades of jointly held assets, including retirement accounts, pensions, real estate and investments. Understanding the long-term financial impact of any division of assets is crucial. For instance, splitting a pension or retirement account requires careful planning to avoid unnecessary taxes and penalties. Individuals must reassess their retirement plans, often leading to delayed retirement or altered living standards to accommodate the financial realities of living on a single income.
Healthcare and insurance
Another significant consideration is healthcare and insurance. Older individuals often face higher healthcare costs and may have relied on their spouse's insurance plan. After a divorce, securing affordable health insurance becomes a priority, especially for those who might not qualify for Medicare immediately.
Emotional and social adjustments
After spending many years with a partner, living alone and starting fresh can be daunting. Rebuilding one's social life and finding new hobbies or interests can also benefit emotional health and well-being. Being prepared for the legal aspects of the divorce is critical. Working with someone familiar with gray divorce is beneficial because they can explain how various options may impact the person’s life now and into the future.]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479892024-02-01T03:32:11Z2024-02-01T03:32:11ZWhat are the drug courts?
The connection between addiction, criminal offenses and even recidivism is well-known. Lawmakers at both the state and federal levels have sought to implement programs to reduce how much impact a drug offense has on an individual's future.
Des Moines County, along with numerous other counties in Iowa, offers adult drug courts as an option for those facing charges that relate to a substance abuse disorder. The one exception is when someone faces operating while intoxicated (OWI) charges. Those offenses are usually not eligible for diversion through the drug treatment courts.
Drug possession offenses and other nonviolent crimes that directly relate to an addiction could lead to drug court proceedings instead of criminal trials. During drug court hearings, people seek out treatment and support for a substance abuse disorder instead of attempting to prove their guilt or innocence.
The defendants in drug court typically face a lengthy period of court supervision and have to fulfill numerous requirements, such as completing substance abuse treatment, before they can move on from the charges they face. Especially if someone does not have a criminal record and wants to put a recent mistake behind them, seeking adjudication in the drug courts could be a viable option.
]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479882024-01-29T16:24:06Z2024-01-29T16:24:06ZAbout a year after you and your spouse got married, you decided to buy a cat. You’d always wanted to have a pet, and it was nice to have another companion in the home.
Unfortunately, in the years to come, your marriage ended. The two of you decided that it just wasn’t working anymore and that you were going to get a divorce.What you’re interested in is getting custody of the cat. It may be the first pet you’ve ever owned. You have a close connection, almost as if this is another family member. Perhaps both you and your spouse are interested in getting custody, if possible. Can you do this during a divorce?
Pets are governed by property division
The important thing to remember here is that your cat is technically an asset that you own. You and your spouse bought the cat together, just the same way that you may have purchased furniture for your house, a new television or a family car.As such, the court isn’t going to set up a custody arrangement in the same way they would for children. The court is not going to give you a schedule where you exchange your pet every other week or something of that nature. All the court will do is look at this from a property division standpoint. Is there another asset that has a similar value, when looking at what you paid for your cat initially? If so, one of you may get that asset, while the other person gets to keep the cat.Of course, you may argue that the sentimental value means your cat is worth more, but the court only looks at it as a piece of property. As such, it’s very important to know about all the steps you can take at this time.]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479862024-01-12T23:13:54Z2024-01-12T23:13:54ZIt is illegal for teenagers to drink alcohol in the vast majority of situations. They are certainly not allowed to buy it, and they can get arrested merely for possessing alcoholic beverages while they are still underage.
However, as most parents know, teens do still break the law and drink alcohol. This is often frustrating to parents who are thinking about the teen’s future. So why is it that young people will take this risk? Here are three potential reasons.
They’re just curious
In many cases, teenagers are feeling curious. Alcohol has always been prohibited to them, and yet they see it everywhere in popular culture. Adults around them may drink it frequently. They want to find out what it’s like.
They enjoy it
Of course, there are also teens who just enjoy drinking and think that it feels good. Maybe it helps them relax or acts as a social lubricant when they’re around their peers. Maybe it helps them reduce stress from school or their home life.
Peer pressure
Finally, many teens will drink to try to fit in. They’re experiencing peer pressure. Maybe they got invited to a party with other friends from high school, and most people are drinking. They don’t want to be the only person who doesn’t, and they want to fit in with that social group. They may decide to take a risk and drink alcohol, even though they know it’s illegal.
After an arrest
If you’re a parent of a teenager who has been arrested for underage drinking, please know that there are criminal defense options you can use to focus on protecting your teen’s future.
]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479852024-01-02T13:13:46Z2024-01-02T13:13:46ZOne major component of going through a divorce is dividing assets. For many, retirement accounts comprise a large portion of the assets that must go through property division. Handling this isn’t always easy, but it’s necessary.
The easiest situation occurs when both parties each have their own retirement account and those are similar in value. In that case, both parties may be able to walk away with their own account.
Division of available retirement accounts
When there aren’t equitable retirement accounts, the available retirement accounts must be divided. If these aren’t done in the proper manner, the division will come with considerable penalties, including taxes. The way this is done depends on the type of account that’s being divided. If the account is a qualified account, such as a pension or a 401(k), the division is handled using a qualified domestic relations order. This is prepared as part of the divorce and approved by the court. It must include both parties and the exact method of division. The plan administrator can approve or deny the order. If it’s denied, it goes back for revision. For other retirement accounts, a transfer incident to divorce is used. This outlines the specific division method for these accounts so the penalties for early withdrawal can be avoided. It should be as detailed as possible so there aren’t any questions about how the division is handled. Ultimately, the entire property division process is critical because it can greatly impact each party’s future. Working with someone familiar with these matters is beneficial to determine exactly what’s possible. ]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479842023-12-15T13:53:36Z2023-12-15T13:53:36ZOperating a motor vehicle while intoxicated (OWI) is a serious offense in Iowa – and most people know better than to take a chance on drinking and driving.
Unfortunately, you don’t actually have to be on your way home from a bar to end up facing charges. A significant portion of people vastly underestimate the “staying power” of the alcohol in their systems. As a result, they can end up with a “day after” OWI charge.
Your BAC declines at a steady rate
Everybody responds differently when they consume alcohol, so you can be intoxicated without actually feeling impaired. However, your blood alcohol concentration (BAC) falls at a steady rate, which is about 0.015% per hour. If you fall into bed at 2 a.m. after a night of partying and your BAC is 0.20% (more than twice the legal limit to be driving), your BAC would still be .11% by the time you get up at 8 a.m. to drive to work in the morning. Even if you no longer feel intoxicated, a single traffic mistake could cause a police officer to pull you over and, ultimately, lead to charges.It’s really easy to overindulge during the holiday season, and that can make it harder to avoid getting into trouble with the law. In Iowa, an OWI conviction automatically leads to significant fines and at least 48 hours in jail. The collateral consequences of a conviction can also be severe, as it can affect your insurance costs, your employment and your personal relationships. That makes it particularly important to fight the charges with every legal means at your disposal.]]>On Behalf of Carr Law Firm PLChttps://www.carrlawiowa.com/?p=479822023-12-08T21:07:50Z2023-12-08T21:07:50ZMillions of Americans are currently struggling to get by each day financially, and this includes married couples. Marriage involves sharing financial resources and responsibilities.
For some, pooling financial resources comes as a bit of a shock, and financial issues are one of the most common causes of divorce. What kinds of financial issues put strain on marriages?
1. When one spouse has prior debt
Before marriage, couples are generally trying to show their best sides. They may not want their prospective spouse to know about misfortunes of the past, such as getting into large amounts of debt. Nonetheless, these things have a habit of coming out eventually. As stated, marriage involves sharing financial responsibilities, and this includes debt. The uninformed spouse may take the news of the debt badly, and resent having to work hard just to help pay it off.
2. Different spending habits
No two people are the same, and this includes married couples. One spouse may want to travel the world in the next few years, while the other wants to focus on starting a family. Both of these routes cost money, and if a compromise can’t be made, then the marriage could end up in trouble. While couples need to have their own dreams and ambitions, all successful marriages require a certain level of compromise when it comes to spending. Financial disagreements are one of the leading causes of divorce in the U.S. If you and your spouse can’t agree on money, then it may be time to start thinking about protecting your interests. Seek legal guidance to find out more about your options during divorce. ]]>