FREQUENTLY ASKED QUESTIONS
 
Q. Should I get my own lawyer verses a court appointed lawyer?
A. Under the United States and Iowa Constitutions, all persons accused of criminal offenses have the right to representation by competent legal counsel regardless of their ability to pay for that representation. In addition, an attorney may be appointed in certain non-criminal contexts such as Child in Need of Assistance (CINA) actions, terminations of parental rights, mental health commitments, and civil rights lawsuits filed by incarcerated individuals. A common misconception is that a privately retained attorney is always superior to one appointed by the State. The State Public Defender's Office is staffed by hard-working, competent attorneys as dedicated to the protection of the rights and interests of their clients as any attorney in private practice. However, the appointment of counsel is subject to specific income restrictions and may not be available to all individuals who seek it.

Lubinus Law Firm is committed to the philosophy that everyone who needs an attorney should have an attorney. We offer numerous packages designed to ease the financial burden so often associated with legal representation. At Lubinus Law Firm, we do our best to take legal decisions out of your pocketbook's hands and put them back in yours' where they belong.
Q. Why is it important to have a Will?
A. A will is a foundational document that every person should take the time to have a legal professional prepare. It allows the individual to govern the distribution of their property after they pass. In addition, an effective will can provide security to an individual's family through clarifying the wishes of the departed as well as establishing testamentary trusts for the efficient management of property after the individual's passing.

From the simplest will to the most complicated trust, let Lubinus Law Firm handle all of your estate planning needs
Q. How is the amount of child support figured out by the state?
A. In Iowa, court ordered child support is established using the Child Support Guidelines adopted by the Supreme Court.

For specific questions related to child support, contact Lubinus Law Firm for an initial consultation at no charge.
Q. Should I have a Living Will?
A. A "living will" is important for defining an individual's wishes should he or she develop an irreversible or incurable condition that will result in death or permanent unconsciousness. In Iowa, a Declaration Relating to Life Sustaining Procedures (our "living will") states that if such a thing should happen, the individual signing the living will wishes not to have life sustaining procedures used. It is often coupled with a Power of Attorney for Healthcare Decisions. Both documents are important in providing certainty to an individual's family with respect to that person's personal wishes related to his or her health care.

Lubinus Law Firm can quickly and easily draft the documents necessary to create a "living will." Do not leave your health care decisions up to chance. Protect yourself and your family today.
Q. Should I get a Prenuptial Agreement?
A. A Prenuptial Agreement is a document some couples sign before they marry to define the property they would part with should a divorce occur in the future. Without a prenuptial agreement, division of assets in Iowa is done through a process called equitable distribution.

Whether or not a couple should draft a prenuptial agreement constitutes legal advice that Lubinus Law Firm may not disseminate on this website. For more information about such agreements or other marital issues, contact Lubinus Law Firm for an initial consultation at no charge.
Q. What is Probate?
A. Probate is the process by which a deceased person's estate (the accumulated property, both real and personal an individual possesses at the time of his or her death) is administered by the State. It amounts to creating an inventory of the assets owned by a deceased person's estate for state and federal tax purposes.

Lubinus Law Firm handles estates of all sizes. Make an appointment for an initial consultation at no charge to discuss your probate options.
Q. How do I get back child support that is owed to me?
A. Back child support is handled by the Child Support Recovery Unit. For more information, you may contact their automated phone line at 1-888-229-9223.
Q. Do I need a lawyer for my divorce?
A. In Iowa, if you do not have minor children and do not have an attorney prepare the paperwork, divorcing couples may handle their own separations by filing the documents found at the following website:
http://www.iowacourtsonline.org/Court_Rules_and_Forms/Family_Law_Forms/

Though a person may always represent himself or herself in any legal matter, attorneys are helpful in divorces for a few specific reasons. First, attorneys practicing in the area of divorce are generally more familiar with divorce law than their clients; they are generally more effective at watching out for their clients' interests. Second, divorce is often a very emotionally complicated event in a person's life. Having an attorney provides a layer of objectivity that people going through a divorce seldom attain. In delicate negotiations regarding child support, visitation, or division of property, having cooler heads on both sides of the divorce can make a world of difference.

If you are contemplating filing for divorce, contact Lubinus Law Firm for your initial consultation at no charge.
Q. How much does a lawyer cost?
A. Attorneys' fees vary widely due to practice area, experience, and the specific service rendered. Lubinus Law Firm provides legal services at competitive rates and is always willing to make arrangements with clients who find themselves in financial difficulty and in need of legal assistance. Do not let limited financial means stand in the way of hiring a legal professional to protect your rights and interests.
 
Practice areas
  • Contested Divorce
  • Uncontested Divorce
  • Spousal Support
  • Alimony
  • Prenuptial Agreement
  • Annulments
  • Termination of Parental Rights
  • Paternity
  • Child Custody
  • Adoption
  • Name Change
  • Termination of Parental Rights
 
About us

Estate Planning
We can help you establish a plan to manage, administer and distribute your assets during your life and after.

 

Criminal Defense
If you have been accused of a crime, the wrong move could result in fines, a criminal record and potentially incarceration.

 

Collections
Lubinus Law Firm assists creditors in the collection and satisfaction of outstanding debt, enforcement of rights under liens and the recovery of court-ordered judgments.

 
Quick Contact

Lubinus Law Firm
4515 Fleur Drive, Suite 201 
Des Moines, IA 50321

Phone: 515-528-9316
Fax: 515-528-9318