- DivorceYes. In fact, most divorces end without stepping foot inside a courtroom. However, this does not mean the court is not involved. Most cases are resolved with the parties reaching an agreement on all relevant issues and then getting that agreement approved by the court. If you and your spouse agree on the terms of the divorce, our attorneys can assist you in getting the agreement approved. If you do not agree, our attorneys can also handle contested divorces that do go to trial.
- Child SupportThe process is nearly identical regardless of what you need to accomplish. The process starts with filing a Petition with the court and serving the other side with the paperwork. The parties then exchange certain information. Depending on the nature of the case, a temporary hearing may take place which establishes the status quo until the parties go to trial. For example, in a custody case, the court may enter orders on legal custody, physical care, child support, etc. In a divorce, the court may determine who gets to live in the marital home prior to trial, who has to pay the bills, who gets possession of the marital vehicles, etc. These orders would control the conduct of the parties for the next several months until trial. The parties then typically engage in discovery, which is a more formal exchange of information as the parties prepare for trial. At any time during this process, the lawyers may discuss resolution. If resolution is not reached, the court may order mediation, which is discussed below.
- Child Custody and Visitation
- AdoptionOur juvenile law and adoption lawyers provide representation for private adoptions, step-parent adoptions, grandparent adoptions, special needs adoptions, adoptions involving the Iowa Department of Human Services, representation in child in need of assistance (CINA) proceedings involving child abuse and/or neglect, and acting as
- Paternity
- Premarital AgreementGenerally speaking, family law focuses on issues involving familial relationships. When most people hear the term “family law,” they only think of divorce, custody, and child support. However, family law is a broad practice area and can also include legal separation, prenuptial agreements, postnuptial agreements, adoption, paternity, emancipation, foster care, grandparents’ rights, and reproductive rights. Family law also intersects with other legal areas such as juvenile, estate planning, business, real estate, and criminal. Adding to these complex and overlapping issues, there may also be questions about jurisdiction in the tri-state Siouxland area. Our attorneys can address all of these legal issues and are licensed in Iowa, Nebraska, and South Dakota. Hiring an attorney is strongly advised due to the emotionally-charged nature of most family law cases. Call us today for a free consultation.
- GuardianshipIn parts I and II of this three-part series on guardianships and conservatorships, I outlined what guardianships and conservatorships are and how they work, as well as some mechanisms which have been put into place to prevent abuse. With the recent media coverage of guardianships and conservatorships, people are often asking: “What are alternatives to guardianships and conservatorships?” In this third part, I will explain the most commonly used alternative to guardianships and conservatorships. Just as I noted in the previous part, this is focused on Iowa laws, but your state may have similar options or even more options than Iowa.
- Spousal Support
- Legal Separation
- Child Abuse
- Criminal DefenseThis is the single most important phrase to remember when facing criminal charges. You have the right to an attorney any time the police want to question you – even if they claim you are not a suspect, if you have not been arrested, or even if you have not been read your rights. A criminal defense begins at the investigation stage, when contact with the police first happens. The police are seeking information to build their case, generally before charges are even filed and before the arrest occurs. It is critical to a criminal defense that you contact a lawyer before you say or do something which could result in prosecution. Invoking your right to counsel helps to ensure the police are not given any more evidence to build their case. Not to mention the fact that being accused of a crime is very stressful. You do not have to take it on alone! Our attorneys are licensed in Iowa, Nebraska, and South Dakota.
- DUI/DWIIn Iowa, an individual can be charged with drunk driving or Operating While Intoxicated (OWI) (also known as DUI or DWI in other states) when the individual was found to be operating a motor vehicle...
- Wrongful DeathOur lawyers handle a variety of personal injury cases including, but not limited to, car accidents, motorcycle accidents, semi accidents, vehicle-bicycle accidents, vehicle-pedestrian accidents, wrongful death claims, construction accidents, dram shop suits (vs. establishments who serve alcohol), slip and fall accidents, and animal bites. Contact us today for a free consultation!
- Sex CrimesMissouri River Historical Development; Food Bank of Siouxland; Council on Sexual Assault and Domestic Violence; United Way; Catholic Charities; Blessed Sacrament Catholic School Board; Blessed Sacrament Finance Committee; Catholic Schools of Sioux City School Board; Big Brothers Big Sisters of Siouxland; The Siouxland YMCA
- Robbery
- Burglary
- Theft
- MisdemeanorsAn Iowa OWI 1st Offence is classified as a serious misdemeanor resulting in penalties including a jail sentence ranging from 48 hours to 1 year, a fine of up to $1,250, and driver’s license revocation for a period of 180 days to 1 year.
- Embezzlement
- Drug Crimes
- Assault
- Murder
- Juvenile CrimesCody graduated from law school in 2010 and relocated with his family to Sioux City, where he began work at a local law firm focusing on insurance issues, personal injury, family law, workers’ compensation, and OWI/DUI/DWI. He then became a partner at Fankhauser, Farrens & Rachel, PLC, who merged with Tigges, Bottaro & Lessmann, LLP Law Firm in 2021 – starting a business venture with endless opportunities. Currently, Cody focuses his practice on family law, criminal law, and juvenile law. He is licensed to practice in Iowa, Nebraska, and South Dakota.
- Probation Violation
- Forgery
- Extortion
- Corporate LawAttorney Dale Tigges is a graduate of the University of South Dakota (B.S., 1975) and Drake University (J.D. with honors, 1980) and a member of the Order of Coif. Mr. Tigges is admitted to practice in Iowa State and federal district courts, and in the United States Tax Court. He is a member of the Business Law Section and Environmental and Natural Resources Section of the Iowa State Bar Association. Mr. Tigges served on Committees of the Iowa State Bar Association that were responsible for drafting the Iowa Limited Liability Company Act, the Revised Uniform Partnership Act and the Revised Uniform Limited Partnership Act. Mr. Tigges is listed in The Best Lawyers in America® in the area of Corporate Law and Mergers and Acquisitions Law. He has been listed in Best Lawyers® for ten years or longer.
- Mergers and Acquisitions
- Business FormationWith today’s ever-changing economy, business owners need sound legal advice to successfully operate and manage their business. We pride ourselves in providing personal attention to our client’s business needs from the start of their business, through ongoing operations (including contracts and financing), to the sale of the business. From advice on the best legal structure for the client’s business needs to preparation of the requisite business formation and sale documents and assistance with issues related to taxation, we help our business clients every step of the way.
- Business DisputesIowa State Bar Association Business Law Section, 1990-; Council, 1997-1999; Limited Liability Co. Committee, 1992-1996; Partnership Committee, 1996-1999; Business Law Manual Committee, 2003, 2005, 2010, 2015; Nonprofit Corporations Committee, 2003-Present.
- Business Transactions
- Limited Liability CompaniesSuch matters include corporations, nonprofit corporations, limited liability companies, partnerships, tax-exempt entities, acquisitions, purchases, sales, mergers, formations, dissolutions, licensing, contracts and contract disputes, leases, options, deeds, succession planning, governance, ERISA, pension, employment, non-compete covenants, employee benefits and executive compensation, income tax, commercial & creditors’ rights law and closely held business planning.
- Real Estate Litigation
- Real Estate Transactions
- Eminent DomainOur law firm represents a wide variety of clients in the acquisition and/or sale of commercial, residential, and agricultural property. The purchase/sale of real estate property involves numerous disciplines. We have extensive experience in structuring the various real estate property transactions to meet our client’s needs, including title opinions, title guarantee, quiet title actions, foreclosures, deeds, sales, acquisitions, condominium transactions, purchase agreements, contracts, leases, options, easements, restrictive covenants, construction liens, landlord-tenant, evictions, subdivisions, developments, zoning and board adjustment items, eminent domain, condemnation, encroachments, and real estate financing.
- Easement
- Land Use and Zoning
- Landlord-Tenant DisputesWhile in law school, Dean had many great experiences, including advancing to the Elite 8 of the Sam Masten Appellate Advocacy Competition and completing an internship at the Federal Public Defender’s office in Sioux Falls, South Dakota. Dean moved to the Siouxland Community after law school and shortly began working as an associate attorney. From there, Dean opened his own practice called Fankhauser, Farrens & Rachel, PLC, who merged with Tigges, Bottaro & Lessmann, LLP Law Firm in 2021 – starting a business venture with endless opportunities. Dean is licensed to practice law in the United States Federal Court for the Northern District of Iowa, as well as Iowa and Nebraska state courts. Dean’s areas of practice include all types of business and tax matters (such as corporations, nonprofit corporations, limited liability companies, partnerships, acquisitions, sales, mergers, contracts, succession planning, dissolutions, financing, and licensing); real estate property matters (such as title opinions, title insurance, title guarantee, foreclosures, deeds, sales, acquisitions, condominium transactions, purchase agreements, contracts, leases, options, easements, restrictive covenants, construction liens, landlord-tenant, evictions, subdivision, and zoning and board of adjustment items); estate planning (such as wills, trusts, powers of attorney, living wills, small estates, complex estates, estate tax, and inheritance tax); probate; and guardianships/conservatorships.
- Property DamageA: Immediately determine if anyone is injured, and if so, do not move the injured person. As soon as possible, call or direct someone to call emergency “911.” If the collision is very minor, you may not need to contact law enforcement or law enforcement may determine an investigation is not necessary. If someone is injured, or if there is more than $1,000 in property damage, you must file an accident report with the Iowa Department of Transportation. The appropriate forms can be obtained from law enforcement or from the Iowa Department of Transportation. The Report must be filed within 72 hours of the accident, or your driver’s license may be suspended. If law enforcement are present to investigation the crash, tell the officers what you observed. Do not admit fault at this point, as the excitement of the moment may cloud your judgment and perceptions. Also, make sure you write down the other driver’s name, address, car license, driver’s license and auto insurance information. Be prepared to provide the same information to the other driver. Be sure to record the names, addresses and telephone numbers of people who witnessed the collision or events before, during or after the collision. The individuals include: passengers in the other involved vehicles, pedestrians, residents, construction workers, and employees from businesses located at the scene. Finally, be sure to obtain the investigating officer’s name and badge number.
- Condominium Law
- Personal InjuryPersonal injury cases are legal disputes that arise when one person suffers harm to their body, mind, or emotions from an accident or injury, for which someone else might be legally responsible. The responsible person’s insurance company may be forced to pay money to the injured person for medical bills and ongoing medical expenses, pain and suffering, lost wages, loss of function to a part of the body, loss of enjoyment of life, or loss of life itself.
- Auto Accidents
- Social Security DisabilityTh Circuit) and United States Federal Court, as well as Iowa and South Dakota state courts. Suzan handles primarily workers’ compensation and personal injury cases, such as work-related deaths, on-the-job injuries, lost wages, medical and disability benefits, repetitive stress injuries (e.g. carpal tunnel syndrome), occupational illness/disease, bodily injuries, car accidents, construction accidents, and slip and fall accidents. She also handles adoption, juvenile, guardianship/conservatorship, social security disability, title opinions, real estate property contract disputes, quiet-title matters, and civil litigation. With Suzan, your consultation is always free!
- Dog BitesDog owners have a legal obligation to restrain and control their dogs to prevent attacks and dog bites. In the event of injuries arising out of a dog bite or attack, legal claims for compensation can be pursued.
- Estate PlanningOur attorneys provide service to our clients in the states of Iowa, Nebraska, and South Dakota to determine and formulate their estate planning goals regardless of whether those goals are financial or personal in nature. From a financial perspective, careful estate planning can help our clients avoid or reduce tax liability upon their death and preserve a larger share of their estate for their intended beneficiaries. A client’s personal goals may include having their estate avoid probate, general piece of mind, or the satisfaction of knowing their legacy will pass smoothly to their intended beneficiaries. Our lawyers are highly skilled in every facet of the estate planning process.
- WillsProbate is the formal court procedure which occurs after death to dispose of personal and real property pursuant to a last will and testament. In event there is no will, the property is disposed of pursuant to the relevant state laws. Each state’s laws vary to some degree on the probate procedure depending upon the existence of a will and the size of the estate.
- TrustsIt may be possible to avoid probate altogether, such as through the use of revocable or irrevocable trusts. However, whether or not the court system is used, certain documents must be filed and taxes must be paid in order to properly finalize the deceased’s affairs. Due to the complicated nature of the probate system, in addition to the emotional turmoil involved in these types of matters, a lawyer should be consulted. Call our attorneys to discuss your options today. You do not have to go through this process alone.
- Power of AttorneyPowers of attorney are documents created by a principal, who is the person needing assistance or delegating their authority to make decisions. Powers of attorney must be properly executed by a Principal who is conscious and aware of the fact that they are executing a power of attorney. For reference purposes, the laws regarding powers of attorney are found at Iowa Code chapter 633B.
- ProbateWhen most people think of estate planning, they think of a last will & testament (will) or power of attorney. In reality, estate planning encompasses a wide variety of retirement and end-of-life planning decisions. Some decisions are simple, while other decisions are extremely complicated and require an attorney with knowledge of many areas, including tax law, business law, corporate law, and probate law.
- Bankruptcy
- ForeclosureOur attorneys’ wide range of experience includes mortgage and loan agreements, lender work-outs, intercreditor agreements, collateral securitization, foreclosures, commercial lending for acquisition of equipment, inventory, and real estate, financing of tangible assets, and more.
- Tax LawNebraska State Bar Association; The State Bar of South Dakota; American Bar Association (Member, Sections on: Litigation; Tax Law)