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.
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