Divorce and Custody in Times of Covid-19

 Divorce and Custody in Times of Covid-19

Do I have to do a custody transfer during times of lock down or community spread?  This is a question I have been getting very frequently.  Many people are concerned and so for them it is a valid question.  There are some, who having been scarred by the divorce itself, will try to use community spread as a weapon against the other parent.

Child's Best Interest

The main focus of a custody order is the best interest of the child.  Maintaining regular and frequent contact are extremely important to a child's well being.  Keeping this in mind, it is imperative that in a situation where a child is going back and forth between homes, that both parents, as well as the child, are exercising precautions to prevent contraction of Covid-19.  By doing this, the parties can continue the child's routine which is so critical to their well being. If a child or a parent does contract Covid-19 the appropriate measures should be taken including notifying the other parent and apprising them of the situation.

Invalid Use of Claim

For those who seek to use Covid-19 as a tool to spite the other parent, judges are very good at reading through the lines.  Undoubtedly, they have heard testimony and if one parent or the other, or both, comes across as incredible, then when the issue of coronavirus is brought up, the judge may questions the veracity of the claim.

If you have questions about divorce, custody or covid-19 in relation to divorce or custody, give us a call at (208) 473-2383 or visit us at www.lawboiseid.com

Mediation in Divorce

 The Role of Mediation in Divorce

I have spoken before about mediation in the divorce process before but I cannot stress enough the value of mediation.  Mediation is a process to help divorcing couples work out issues which they are unable to agree on.  Old school contested divorce consisted of arguing the conflicts in front of a judge and the judge deciding how things would be done or divided.  More and more the judges are not just asking, but sometimes demanding, that sensitive issues like custody, be worked out between the parties.

Why Mediation

You might say, "if the judge isn't going to decide what's the point?"  The point is very simple.  You and your spouse know your family best.  You know your kids, you know their schedules, their hopes and dreams and fears.  You know what makes your kids tick.  The judge is an outsider.  If push comes to shove the judge will decide based upon the criteria set forth in the Idaho Code.  That criteria, however, is sterile in the sense that it is simply a guideline.  To make a judgment as to how your minor children will spend their lives until they are 18 based on a guideline is a fail for your children.

Working Together

Sometimes it is all but impossible to work together and that is why you are getting divorced.  You can disagree as to the division of your property and your debt and the judge will apply community property laws to solve the issue if you can't agree.  If you have minor children, the business of divorce is a process.  There will be years of coparenting and, while you may not agree as to how your spouse does things, the parties need to work together for the benefit of the children.  On going disagreement and conflict will not change the other party or get back at them, it will hurt your children.  So many kids today live in homes where a divorce has taken place.  The schools are overwhelmed with custody battles and schedules.  In my opinion, the best way to resolve a custody issue is through agreement.  If you can't agree on your own mediation can help the parties see what is important and what isn't.

If you are seeking a divorce or custody and need to speak with a Boise Divorce Attorney, give us a call and see what we can do for you, (208) 472-2383 or visit us a our divorce page.

Covid-19 and the Divorce Process

Our world has been turned upside down by the Covid-19 virus.  Our state was shut down for weeks.  We now go to the grocery store wearing masks and where some shelves are empty.  Things have definitely changed.  Some things don't change, however, and seeking a divorce is one of those things.  In a world of Covid-19, how has the divorce process changed?

People are still getting divorced.  People still struggle to live with one another.  Custody issues still abound.  The primary issues haven't changed but how we go about settling those issues have.  First and foremost, a lot of work is being done remotely.  Whereas you used to come into your attorney's office for a consultation or to work on your case, you now have the option of doing that remotely on video chat or by telephone.  The courts, while they are beginning to open, are still limiting how much contact they have with the outside world.  We are taking on the example of the criminal courts in that now many trials or hearings are done in the world of Zoom.

Another way things have changed is negotiation.  Because of the backlog with the court system, if a client wants to get their case wrapped up quicker than waiting for a hearing date, attorneys and clients have essentially been asked to work out issues more aggressively through negotiation.  Settlement conferences are on the uptick.

Will things ever go back to normal?  That is a good questions.  Some issues, however, cannot wait for normal or an answer to that question.  Married life is difficult and when it is coupled with incompatibility issues it can be impossible to continue.  The divorce attorneys at Kershisnik Law understand the need to move forward and with that in mind we will provide the same hard work, dedication and skill as we always have, whether that is through remote representation or through the new normal. 

If you need to speak with a Boise Divorce Attorney, please give us a call, (208) 472-2383.  You will be glad you did.  For more information please visit www.lawboiseid.com

Uncontested Divorce

What is an Uncontested Divorce?

People often ask me what an uncontested divorce is.  There are many types of divorce (check my website for the various kinds www.lawboiseid.com.html) including uncontested, contested, default etc.  An uncontested divorce simply means the parties agree, or substantially agree, about the terms of the divorce.  They have essentially worked out the details themselves or they have the majority of the details worked out but need some help from a divorce attorney or a mediator to settle on the other details.

What Next?

So, what do you do if you have the details of your divorce worked out or substantially worked out?  One party, or one party's attorney, needs to file the divorce petition, just like you would in any other divorce.  The other party needs to be served with the divorce papers just like the way you would in any other divorce.  Likewise, if children are involved, the parties need to attend the focus on children workshop. 

So What's the Difference?

The difference comes in how the paperwork is handled after the initial steps are taken. Once all the wrinkles are worked out, your divorce attorney will either prepare a stipulation or prepare the default paperwork.  A stipulation is an agreement between the parties as to the terms of the divorce which is submitted along with the final paperwork.  That agreement contains all the terms of the divorce.
A default judgment occurs if the parties decide that they don't want to stipulate to anything but that one party just won't fight the divorce.

It is important, in a stipulation, to be as specific as possible so that all the details are covered and there is nothing that is left out which would necessitate the case being reopened.  Likewise, if the divorce is taken by default, if the paperwork isn't specific enough, there could be an argument that the case needs to be reopened. Just an FYI, there are other reasons too why a default judgment may be reopened.  I will touch on that in a later post.

In an uncontested divorce, once the judgment and decree of divorce, the stipulation are signed by the judge and all the relevant divorce paperwork is filed, the divorce is final. 

How long does it take?

A truly uncontested divorce can happen very quickly.  Once all the paperwork is submitted and no amendments or further changes are made, a judge will sometimes sign the decree within 2 weeks.  Sometimes, if there are children involved, the judge may wait the 21 day period allowed for a party to file an Answer before they will sign the stipulation.  The long and short of it is that uncontested divorces can, and do, happen very fast. 

If you need to speak with an attorney concerning divorce, child custody, child support, modification or any other family law issue, give us a call, (208) 472-2383.  You will be glad you did.