Divorce and Reconciliation
As a Boise Divorce Attorney I have seen many many heartbreaking divorce cases. Divorce can be a very challenging time for the individuals involved. It can be a very difficult emotional and psychological strain. Not all divorces are high conflict nor extreme emotional or psychological burdens. As unusual and bizarre as it may seem, some divorce cases actually turn around and the parties decide to reconcile.
Can You Reconcile and Stop a Divorce?
The Idaho Code has a provision in the domestic relations section which provides for reconciliation. If you have filed for divorce and each party, at some point before the divorce is final, agrees that there might be a chance of getting back together, your divorce lawyers can request that the Court allow the parties a set period of time to see if they can in fact reconcile. If they can, the party who filed for divorce can withdraw their complaint. At this point there are no divorce proceedings and the parties can return to being a married couple. If, during the reconciliation period, the parties cannot come to terms, they can return to the action and continue with the divorce.
What Happens To Temporary Orders During a Reconciliation Period?
If the court has established temporary orders as to the custody and support of your minor children, those orders will stay in place during the reconciliation. If you move back in with one another, obviously there won't be visitation exchanges. If you do reconcile, the temporary order, like the divorce itself, goes away. If you don't, the court can either reaffirm the temporary order or establish a new one.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call (208) 472-2383 and see what we can do for you.
Friday, May 18, 2012
Tuesday, May 15, 2012
Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383
As a Boise Divorce Attorney one of the most frequent questions I get from people is, "How do you decide who gets what in a divorce?" On the most basic level, the division of property in a divorce is split according to community property laws. Community property is the idea that any property or debt acquired with community funds during a marriage is community property. Further, in general, it is the idea that community property should be split equally.
Very quickly so that you can understand the lingo of divorce lawyers, community property is usually contrasted with separate property and separate debt. This can be money or property that you acquired before marriage but not necessarily always so. It can also be property acquired with inheritance because inheritance is your separate money and property. Also, if you have property from before you were married and you sell that property during the marriage, the income from the sale of that property is your separate income, unless the community attributed to an increase in value of that property. If that is the case, the community is awarded the amount attributable to its contribution and then split according to community property law. Okay, clear as mud?
The next factor explaining how community property is split can be by the desires of the parties. It is possible for the two parties to decide on their own, without their attorneys or without the judge. You can make an agreement between yourselves, known as a stipulation, whereby you agree to how the property is split. If you do this, you can split it down the middle, unequally or by including separate property in the split. Another way couples come to a stipulation and agree to whatever terms they want is through mediation. If you can't come to an agreement your divorce attorneys will get involved and very possibly the judge. Your divorce lawyers can negotiate terms. If this doesn't work you will go to trial, your divorce lawyers will present the evidence as to why they think certain property and debt should be split a particular way and then the judge will decide.
The general principle behind community property is that the property is split equally, but it doesn't necessarily always happen that way. Your divorce attorney can ask for an unequal but equitable split. This usually comes into play when on party has incurred a lot of debt that only benefits them. For example, if your spouse is a ski freak and has every piece of ski equipment in triplicate, your attorney can make the argument that that property and debt has not benefited the community.
While the general principle behind community property division is fairly simple, the application can be very complicated. If you have a complex property division you will definitely want to have an experienced Boise Divorce Attorney to help you get the best division of property possible. Give us a call, (208) 472-2383 and see what we can do for you.
Very quickly so that you can understand the lingo of divorce lawyers, community property is usually contrasted with separate property and separate debt. This can be money or property that you acquired before marriage but not necessarily always so. It can also be property acquired with inheritance because inheritance is your separate money and property. Also, if you have property from before you were married and you sell that property during the marriage, the income from the sale of that property is your separate income, unless the community attributed to an increase in value of that property. If that is the case, the community is awarded the amount attributable to its contribution and then split according to community property law. Okay, clear as mud?
The next factor explaining how community property is split can be by the desires of the parties. It is possible for the two parties to decide on their own, without their attorneys or without the judge. You can make an agreement between yourselves, known as a stipulation, whereby you agree to how the property is split. If you do this, you can split it down the middle, unequally or by including separate property in the split. Another way couples come to a stipulation and agree to whatever terms they want is through mediation. If you can't come to an agreement your divorce attorneys will get involved and very possibly the judge. Your divorce lawyers can negotiate terms. If this doesn't work you will go to trial, your divorce lawyers will present the evidence as to why they think certain property and debt should be split a particular way and then the judge will decide.
The general principle behind community property is that the property is split equally, but it doesn't necessarily always happen that way. Your divorce attorney can ask for an unequal but equitable split. This usually comes into play when on party has incurred a lot of debt that only benefits them. For example, if your spouse is a ski freak and has every piece of ski equipment in triplicate, your attorney can make the argument that that property and debt has not benefited the community.
While the general principle behind community property division is fairly simple, the application can be very complicated. If you have a complex property division you will definitely want to have an experienced Boise Divorce Attorney to help you get the best division of property possible. Give us a call, (208) 472-2383 and see what we can do for you.
Tuesday, May 8, 2012
Boise Divorce Attorneys - Mediation
Mediation
As a Boise Divorce Attorney I regularly see my clients and clients of other attorneys sent to mediation. This sometimes has the effect of creating anger amongst divorce clients. They might ask, "Why do I have to go to mediation?" This is a good question. The idea behind mediation is that the couples who are in the process of divorce will work out the details of the split. If they work out the details themselves, they tend to be happier with the results because they have had ownership of the outcome.
As a divorce lawyer, some of my clients say and ask, "We obviously couldn't work things out while we were married, so what makes a judge think that we can work it out now?" This too is a good point. There is a balancing act that goes on between the judge, the attorneys and the clients. The courts in Boise are very back logged. Mediation, is an attempt to relieve that burden on the court, leaving the calendar open for those cases and those issues that cannot be resolved through mediation. In addition, it is an attempt to conserve resources. It preserves open dates in the court, it saves money on your lawyer fees and it preserves community assets that may have to be liquidated to pay for an intense court battle
What is the Topic of Mediation? Child Custody, Property and Any Family Law Issue That Can Possibly Be Resolved Through Mediation.
Mediation can involve many different issues. It can be confined to child custody or it can include custody as well as debt issues. Again, the purpose is to resolve as much of the issues particular to divorce before it goes to trial. Sometimes in a divorce the only issue the couple is fighting over is the community property or the community debt. Other times, particularly high conflict divorce, most of the issues are subject to dispute.
Your divorce attorney will help you choose a mediator who will work well with you to resolve the issues of the case. There is a list of court approved mediators. These are individuals trained in mediation.
If you have a divorce or mediation issue and you need to speak with a Boise Divorce Attorney, please give us a call and see what we can do for you, (208) 472-2383.
As a Boise Divorce Attorney I regularly see my clients and clients of other attorneys sent to mediation. This sometimes has the effect of creating anger amongst divorce clients. They might ask, "Why do I have to go to mediation?" This is a good question. The idea behind mediation is that the couples who are in the process of divorce will work out the details of the split. If they work out the details themselves, they tend to be happier with the results because they have had ownership of the outcome.
As a divorce lawyer, some of my clients say and ask, "We obviously couldn't work things out while we were married, so what makes a judge think that we can work it out now?" This too is a good point. There is a balancing act that goes on between the judge, the attorneys and the clients. The courts in Boise are very back logged. Mediation, is an attempt to relieve that burden on the court, leaving the calendar open for those cases and those issues that cannot be resolved through mediation. In addition, it is an attempt to conserve resources. It preserves open dates in the court, it saves money on your lawyer fees and it preserves community assets that may have to be liquidated to pay for an intense court battle
What is the Topic of Mediation? Child Custody, Property and Any Family Law Issue That Can Possibly Be Resolved Through Mediation.
Mediation can involve many different issues. It can be confined to child custody or it can include custody as well as debt issues. Again, the purpose is to resolve as much of the issues particular to divorce before it goes to trial. Sometimes in a divorce the only issue the couple is fighting over is the community property or the community debt. Other times, particularly high conflict divorce, most of the issues are subject to dispute.
Your divorce attorney will help you choose a mediator who will work well with you to resolve the issues of the case. There is a list of court approved mediators. These are individuals trained in mediation.
If you have a divorce or mediation issue and you need to speak with a Boise Divorce Attorney, please give us a call and see what we can do for you, (208) 472-2383.
Wednesday, May 2, 2012
Boise Family Law Attorneys - Idaho Divorce Lawyers
Family Law in Idaho
As a Boise Family Law Attorney people often ask me what family law means. Family Law refers to that area of the law which deals with family relationship issues. For example, when a couple gets a divorce, that action effects the family. Domestic Violence is also an act that effects the family. DV is handled in family court, as opposed to criminal court, even though assault and battery are a criminal action. If the underlying act, the assault and battery, are pursued, they can be taken to criminal court, however, the restraining order is established and effected by a family law judge.
Custody, modification and child support are also family law issues which may or may not be in the divorce context, but they are elements of the family law issues. If you have a child outside of a marriage you will most likely have to deal with custody and child support issues, as well as modification, at some point during the child's life. These issues effect the structure and the finances of the family.
Adoption and termination are other areas where Boise Family Law Attorneys practice family law. These two issues both divide a family through termination and create a family through adoption. The two go hand in hand because in order for a new parental relationship to be established the existing one, even if it is simply by having provided 1/2 of the chromosomes for the child, must be terminated.
Other Family Law Issues in Idaho
There are other issues which effect the family that are not necessarily considered family law issues, but none-the-less do effect the family and can be handled by a Boise Family Law Lawyer. Elder law, for example, deals with laws effecting elderly members of our families. Issues here might involve conservatorships, powers of attorney, living will and the like. Here too there is a cross over with probate and estate planning law. For example, the estate of an elderly family member must be in order if the probate after death is to go smoothly. Perhaps, the elderly family member has removed their property from their estate with the use of a living trust. These are all issues which attorneys deal with daily and in the context of family law.
If you have a family law issue and you would like to speak to one of our Boise Family Law Lawyers, please give us a call, (208) 472-2383 - you will be glad you did.
As a Boise Family Law Attorney people often ask me what family law means. Family Law refers to that area of the law which deals with family relationship issues. For example, when a couple gets a divorce, that action effects the family. Domestic Violence is also an act that effects the family. DV is handled in family court, as opposed to criminal court, even though assault and battery are a criminal action. If the underlying act, the assault and battery, are pursued, they can be taken to criminal court, however, the restraining order is established and effected by a family law judge.
Custody, modification and child support are also family law issues which may or may not be in the divorce context, but they are elements of the family law issues. If you have a child outside of a marriage you will most likely have to deal with custody and child support issues, as well as modification, at some point during the child's life. These issues effect the structure and the finances of the family.
Adoption and termination are other areas where Boise Family Law Attorneys practice family law. These two issues both divide a family through termination and create a family through adoption. The two go hand in hand because in order for a new parental relationship to be established the existing one, even if it is simply by having provided 1/2 of the chromosomes for the child, must be terminated.
Other Family Law Issues in Idaho
There are other issues which effect the family that are not necessarily considered family law issues, but none-the-less do effect the family and can be handled by a Boise Family Law Lawyer. Elder law, for example, deals with laws effecting elderly members of our families. Issues here might involve conservatorships, powers of attorney, living will and the like. Here too there is a cross over with probate and estate planning law. For example, the estate of an elderly family member must be in order if the probate after death is to go smoothly. Perhaps, the elderly family member has removed their property from their estate with the use of a living trust. These are all issues which attorneys deal with daily and in the context of family law.
If you have a family law issue and you would like to speak to one of our Boise Family Law Lawyers, please give us a call, (208) 472-2383 - you will be glad you did.
Monday, March 12, 2012
Boise Divorce Attorneys - Divorce in Idaho
Divorce in Idaho
As a Boise Divorce Attorney people often ask me what is required for them to get divorced in Idaho. There is one basic requirement. You must have lived in Idaho for at least 6 weeks. This allows an Idaho court to have jurisdiction over you and to issue a decree of divorce.
Common Law Marriage in Idaho
Even though this sounds like a no-brainer, it is a valid point. To get a divorce in Idaho you must actually be married. That is important because at one point Idaho recognized something known as common law marriage. For this type of marriage there was no formal ceremony or no marriage license. You could decide to live together and to be married. For the marriage to be valid you would have to act like you were married. For example, you would have to tell people you were married and maybe even your friends might think that you were married. You bought property together, shared a bank account and made financial decisions together. This was a hold over from the old days when a judge might not be around to marry you so the law let you say you were married by way of co-habitation.
Boise Divorce Lawyers, who have practiced for numerous years, remember when Idaho acknowledged common law marriage. The Idaho Legislature abolished common law marriage effective January 1, 1996. If, however, you were common law married before that date, your marriage is still acknowledged as a valid marriage in Idaho. That having been said, if you want to split from your spouse you have to go through formal divorce proceedings. All the laws about community property and community debt will apply to you as well.
Custody in Idaho
Although you can get a divorce in Idaho after you have lived here for 6 weeks, you cannot have a court decide the custody of your minor children. You can file for divorce but the custody portion either must wait or must be done in the child's home state. Idaho cannot exercise jurisdiction over the children for 6 months unless there is an emergency situation. In the case of an emergency, the Uniform Child Custody Act will kick in and allow an Idaho court to make rulings necessary for the health and welfare of a child.
If you have a divorce or custody issue and want to speak with a Boise Divorce Attorney, give us a call, (208) 472-2383 and see what we can do for you.
As a Boise Divorce Attorney people often ask me what is required for them to get divorced in Idaho. There is one basic requirement. You must have lived in Idaho for at least 6 weeks. This allows an Idaho court to have jurisdiction over you and to issue a decree of divorce.
Common Law Marriage in Idaho
Even though this sounds like a no-brainer, it is a valid point. To get a divorce in Idaho you must actually be married. That is important because at one point Idaho recognized something known as common law marriage. For this type of marriage there was no formal ceremony or no marriage license. You could decide to live together and to be married. For the marriage to be valid you would have to act like you were married. For example, you would have to tell people you were married and maybe even your friends might think that you were married. You bought property together, shared a bank account and made financial decisions together. This was a hold over from the old days when a judge might not be around to marry you so the law let you say you were married by way of co-habitation.
Boise Divorce Lawyers, who have practiced for numerous years, remember when Idaho acknowledged common law marriage. The Idaho Legislature abolished common law marriage effective January 1, 1996. If, however, you were common law married before that date, your marriage is still acknowledged as a valid marriage in Idaho. That having been said, if you want to split from your spouse you have to go through formal divorce proceedings. All the laws about community property and community debt will apply to you as well.
Custody in Idaho
Although you can get a divorce in Idaho after you have lived here for 6 weeks, you cannot have a court decide the custody of your minor children. You can file for divorce but the custody portion either must wait or must be done in the child's home state. Idaho cannot exercise jurisdiction over the children for 6 months unless there is an emergency situation. In the case of an emergency, the Uniform Child Custody Act will kick in and allow an Idaho court to make rulings necessary for the health and welfare of a child.
If you have a divorce or custody issue and want to speak with a Boise Divorce Attorney, give us a call, (208) 472-2383 and see what we can do for you.
Tuesday, February 14, 2012
Boise Divorce Attorneys - Adoption in Idaho
Adoption in Idaho
People often think of adoption in terms of a married couple, unable or not wanting to have a child of their own, adopting a child from a unwed mother. While this does happen regularly, there are also other reasons why and when a child can be adopted.
Divorce and remarriage are a good example of when a child might be adopted. If a couple gets a divorce and one parent no longer wants anything to do with the child, the new spouse may adopt the child. When a family member has a child and is unable to care for it, is another example where adoption might be an option. Another example of a frequently occurring situation is grandparents adopting their grandchild because the parents are unable to care for the child. Both the example of the grandparents adopting a grandchild and the example of the family member adopting a child can also be dealt with by using a guardianship, if the need for the family member to act as parent is for a short or limited duration.
All adoptions have some elements in common. There must be a termination of parental rights, before the adoptive parent or parents can legally be the parent. We have all heard of the horror stories of unwed mothers giving their child up for adoption, the couple that takes the child and loves the child as their own, only to find out that the father's rights were never properly terminated and therefore the child is not legally theirs.
In the process of adoption there is also a home study done to ensure that the adoptive parents are fit to be parents. This is done even if the birth mother has hand picked the adoptive parents. Attorneys who practice adoption law can give you a detailed list of how events occur in an adoption. There may be slight differences if the adoption is pursuant to a divorce, a foreign adoption or an adoption where there is an unwed mother and there can be difficulties that arise, such as a father not wanting to terminate his parental rights but for the most part adoption is a fairly standard legal process.
People often think of adoption in terms of a married couple, unable or not wanting to have a child of their own, adopting a child from a unwed mother. While this does happen regularly, there are also other reasons why and when a child can be adopted.
Divorce and remarriage are a good example of when a child might be adopted. If a couple gets a divorce and one parent no longer wants anything to do with the child, the new spouse may adopt the child. When a family member has a child and is unable to care for it, is another example where adoption might be an option. Another example of a frequently occurring situation is grandparents adopting their grandchild because the parents are unable to care for the child. Both the example of the grandparents adopting a grandchild and the example of the family member adopting a child can also be dealt with by using a guardianship, if the need for the family member to act as parent is for a short or limited duration.
All adoptions have some elements in common. There must be a termination of parental rights, before the adoptive parent or parents can legally be the parent. We have all heard of the horror stories of unwed mothers giving their child up for adoption, the couple that takes the child and loves the child as their own, only to find out that the father's rights were never properly terminated and therefore the child is not legally theirs.
In the process of adoption there is also a home study done to ensure that the adoptive parents are fit to be parents. This is done even if the birth mother has hand picked the adoptive parents. Attorneys who practice adoption law can give you a detailed list of how events occur in an adoption. There may be slight differences if the adoption is pursuant to a divorce, a foreign adoption or an adoption where there is an unwed mother and there can be difficulties that arise, such as a father not wanting to terminate his parental rights but for the most part adoption is a fairly standard legal process.
Monday, February 13, 2012
Modification in Idaho
Modification - What is it and What Does it Mean?
Modification refers to changing an existing court order. It most often refers to changing the custody or the child support order. There are certain requirements necessary to qualify for a modification. For example, if you wanted to modify the existing custody arrangement, you would have to show that there has been a permanent and substantial material change in circumstances. This allows continued consistency for the children and prevents changing the order simply because one party is unhappy with the arrangement.
A child support order can be modified when there is a change in income. This change would be expected to occur when one party gets a new job or is promoted. The original rules, however, still apply and that is you cannot be voluntarily unemployed or under-employed.
When you modify an existing order you can do it in different ways. You can do it by agreement. Both parties attorneys will present the court with a stipulation and the judge will sign a new order. If the other party does not agree with you and wants to fight the modification you will go through a hearing process. Your attorney will present evidence as will the lawyer on the other side. The judge will weigh the evidence and make a decision based upon this. For child support, your attorney will run the income amounts through the child support guidelines and come to a new support amount.
Can a divorce be modified? A divorce will not be modified, rather certain situations under a divorce will be, such as custody or child support.
What if a party to the divorce is not complying with the terms of the divorce? This would fall under the matter of contempt. When you are ordered by the court to do something and you don't you can be held in contempt of court. Your divorce attorney will file a motion for contempt and you will go to court to show what the other party was supposed to do and how they did not do it. The other party, by themselves, or through their divorce lawyer, can try and show why there actions were not contempt.
Modification refers to changing an existing court order. It most often refers to changing the custody or the child support order. There are certain requirements necessary to qualify for a modification. For example, if you wanted to modify the existing custody arrangement, you would have to show that there has been a permanent and substantial material change in circumstances. This allows continued consistency for the children and prevents changing the order simply because one party is unhappy with the arrangement.
A child support order can be modified when there is a change in income. This change would be expected to occur when one party gets a new job or is promoted. The original rules, however, still apply and that is you cannot be voluntarily unemployed or under-employed.
When you modify an existing order you can do it in different ways. You can do it by agreement. Both parties attorneys will present the court with a stipulation and the judge will sign a new order. If the other party does not agree with you and wants to fight the modification you will go through a hearing process. Your attorney will present evidence as will the lawyer on the other side. The judge will weigh the evidence and make a decision based upon this. For child support, your attorney will run the income amounts through the child support guidelines and come to a new support amount.
Can a divorce be modified? A divorce will not be modified, rather certain situations under a divorce will be, such as custody or child support.
What if a party to the divorce is not complying with the terms of the divorce? This would fall under the matter of contempt. When you are ordered by the court to do something and you don't you can be held in contempt of court. Your divorce attorney will file a motion for contempt and you will go to court to show what the other party was supposed to do and how they did not do it. The other party, by themselves, or through their divorce lawyer, can try and show why there actions were not contempt.
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