Providing Peace of Mind Through Our Expertise and Guidance

A divorce, child custody case or other family law case does not always have to be a combative experience. Even when the issues are complex, your future is at stake and emotions are running high, I will work hard to protect your legal rights while avoiding unnecessary conflict.

As a skilled Des Moines Family Law Attorney, I provide family law clients with experienced, principled, and aggressive representation. I pledge to always advocate zealously on each client’s behalf, maintaining the highest standards of professional legal service. However, I also understand that domestic relationships usually must continue in some form after the litigation is over.

To that end, I strive to keep family law litigation civil – while never sacrificing my clients’ rights or interests. As an experienced Des Moines Family Law Attorney, I offer focused, attentive service to clients for family law cases involving:

• Divorce
• Division of assets and debt
• Child support
• Spousal support/alimony/maintenance
• Enforcement of support
• Child custody and visitation
• Shared physical custody and joint legal custody
• Establishment of paternity
• Adoption
• Stepparent adoption
• Prenuptial agreements
• Post-decree modifications

In representing clients for divorce, I prefer to look at the big picture. I go into domestic relations litigation with a boxer’s mentality. That means I fight hard, but I play by the rules so that afterwards we can all still shake hands. In addition, I am dedicated to the highest standards of quality and service. I roll up my sleeves and dig into each case, promptly returning phone calls in an effort to make each client feel like they’re the only one I’ve got.

You can be assured that your case will be handled by me, and not handed off down the line to an associate like at a larger firm. My Firm also employs a qualified team of legal assistants to make sure that all work is completed in a timely and efficient manner.

From the Firm's office in Des Moines, I represent clients from Central and Southern Iowa, including Adair County, Boone County, Clarke County, Dallas County, Greene County, Guthrie County, Jasper County, Hamilton County, Hardin County, Lucas County, Madison County, Mahaska County, Marion County, Marshall County, Monroe County, Polk County, Poweshiek County, Story County, Union County, Warren County, Webster County, Waterloo County, and the cities of  Ames, Boone, Cedar Rapids, Des Moines, Indianola, Iowa City,  Knoxville, Marshalltown, Nevada, Newton, Ottumwa, and Oskaloosa.

If you or a loved one anywhere in Iowa is involved in a divorce or child custody case and need the help of an experienced Des Moines Family Law Attorney, call Ryan A. Genest today at 866-262-1495, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation.  The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner.  This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement.  The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state.  Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or a loved one anywhere in Iowa is involved in a divorce or child custody case and need the help of an experienced Des Moines Family Law Attorney, call Ryan A. Genest today at 866-262-1495, or complete the contact form provided on this site to schedule your initial consultation.

If you or a loved one anywhere in Iowa is involved in a divorce or child custody case and need the help of an experienced Des Moines Family Law Attorney, call Ryan A. Genest today at 866-262-1495, or complete the contact form provided on this site to schedule your initial consultation.

Ryan A. Genest

EDUCATION:

• Drake University Law School, Des Moines, Iowa, 1992
• Southern Illinois University at Carbondale (Political Science), Carbondale, Illinois, 1989

AREAS OF PRACTICE:

• Domestic Relations
• Adoption
• Criminal Law
• Personal Injury

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

• Fathers for Equal Rights, Referral Attorney
• Holt International Adoption Services, Referral Attorney
• Catholic Council for Social Concern, Inc., Referral Attorney
• Iowa Trial Lawyers Association, Member
• Iowa Bar Association, Family Law Section, Member
• American Bar Associations, Family Law Section, Member