Alimony in Idaho

I hear from a lot of people that they don't think that alimony is a thing in Idaho anymore.  Idaho does allow for the payment of alimony, now known as Spousal Support or Spousal Maintenance.  Support, however, doesn't look like it used to.  At one time a woman could expect to receive alimony for the rest of her life or at least until she got remarried.  Maintenance looks different now.

How to Get Spousal Support in Idaho

Support isn't mandatory.  In Idaho, your divorce lawyer will have to ask for spousal support.  Even when they ask for it it isn't automatic.  There are criteria that have to be met for the judge to even consider whether or not they will award the spousal maintenance.  Some of those criteria are the length of the marriage, the earning capacity of the parties, the age and health of the person seeking support and things like that.  Your divorce attorney will have to show the court that you meet the criteria and then the judge will decide how much and for how long you will receive support.  There is no formula but the judge will look at the respective incomes of the parties for guidance.  The other thing is that if you are capable of working and bringing in enough money to support yourself, it is unlikely that you will get support ordered.

Unequal Division of Property and Spousal Support

While it is possible to get both an unequal division of property and spousal support that is not the norm.  If you are one of the lucky people whose spouse makes millions of dollars every year then you might qualify for both spousal maintenance and an unequal division of property.  For ordinary folks it one or the other.

What if I Gave Up My Career to Stay Home

Giving up your career to stay home is a criteria the judge will look at when considering if support should be ordered.  The judge also looks at how long it would take you to be trained, get a degree or a certification that will allow you to support yourself.  If for example, you were in nursing school at the time of your divorce the judge would consider how long it would take you to complete that education and how much you will make at the conclusion of the training.  That would be a determining factor in how long the support would last.

If you find yourself in need of a Boise Divorce Attorney, give us a call.  You will be glad you did.  Give us a call at (208) 472-2383 for a consultation with one of our divorce lawyers.  Consultations are always free.

You Just Found Out You Were Served Divorce Papers, Now What?

For some people the most shocking or earth shaking thing can be being served divorce papers.  For others, it can be a relief.  Whichever category you fall into, you need to make certain that you read the papers carefully.  Every divorce Petition comes with a Summons.  The summons will tell you that you need to respond within 21 days of being served and if you don't the judge can enter a judgment against you.

What is a divorce petition and how can it effect me?

The divorce petition contains many important parts.  In general there are 7 basic parts.  These are:

1. The statement of Jurisdiction
2. Information about the marriage
3. Information about the kids, if there are any
4. The grounds for divorce
5. The custody and support of the children
6. The division of the property
7. The division of the debt

A divorce petition is essentially a request of how you want the property and the debt divided and what you want the custody and visitation to look like.  If you don't respond to the divorce petition within the 21 days, the opposing party can take a default against you and get exactly what they asked for.  If you want something different or you believe that the other party has left out important things, it is essential that you respond.

How do you respond to a divorce Petition and do you need a lawyer?

The court requires that you file certain uniform paperwork and pay your filing fee.  Some people can get a divorce on their own without the help of a divorce attorney.  The biggest issue folks run into is that the paperwork that is used, while uniform, can and usually does need to contain certain language and certain terms in order for the person getting a divorce not to compromise their position.  The paperwork can be confusing and believe me, there is a lot of paperwork.  You also need to make sure that you comply with the proper rules when you file the paperwork.  Lastly, a divorce isn't just the language that is in the petition and the answer.  There is always a lot of negotiation going on between the divorce attorneys trying to get the best conditions and outcomes for their clients.

What should I expect the time frame for a divorce to be?

There is no cut and dry time frame for a divorce to be completed.  If the divorce is uncontested and the parties stipulate to the outcome, it can be done in as little as 4-6 weeks.  Other divorces seem to go on and on, stretching into years.  It goes without saying that the quick divorce happens because the parties agree.  The long divorce linger on generally because of high conflict.  Often the high conflict centers around the children.

How do I get an attorney to take my case?

It all starts with a phone call.  Whether you are responding to a divorce petition or you are the party initiating the divorce.  Give our office a call at (208) 472-2383 and one of our divorce lawyers will provide you with a free consultation.  We will answer your questions and outline the process for you.  Give us a call.  You will be glad you did.  Visit us on the web.

Divorce - The Reasons People Get Divorced

Why Do People Get Divorced?

People get divorce for so many different reasons.  It is hard to peg down just one common reason.  The concept of Irreconcilable Differences was introduced to address this issue.  It used to be that you had to have a reason why you wanted to divorce and then you had to prove that reason in court.  Divorce became so common and the courts finally caught up with the times.  You now can get divorced without having to prove anything.

Just because you don't have to prove anything doesn't mean that there aren't reasons why people get divorced.  Today I will address the top three reasons; Money, Adultery and Incompatibility.

Money

Money is a big issue.  The reasons behind why money is an issue are endless but in general they come down to people disagree about how to spend money, how much money to save, one party is working too much, the other party isn't working or contributing, someone is spending all the money on things the other party doesn't agree with.

Adultery

While technically adultery can be a "for cause" grounds for divorce, it  is often the reason people seek a divorce on the grounds of irreconcilable differences.  What I mean by that is that if you say you are seeking a divorce on the grounds of adultery, then you would have to prove the adultery.  If you aren't attached to having the other party being labeled an "adulterer", you can seek a divorce on the grounds of irreconcilable differences and you don't have to prove anything.  Some people live in a constant state of adultery and it doesn't seem to bother them.  Other people are truly offended by the misdeed and see it as a betrayal.

Incompatibility

While you would think that incompatibility shows up early in a marriage, it can actually show up at anytime.  In newly weds, incompatibility makes the parties do a gut check when they realize that they their personalities don't match, they don't love each other or it was just a fling.  In older couples, incompatibility usually shows up in "we have grown apart".  It isn't maybe that they were originally incompatible, they just don't have any compatibility now.

If you are seeking a divorce and need to speak to one of our attorneys, give us a call, (208) 472-2383.  Our divorce attorneys have the experience to help you.

Custody and Divorce

What's the Difference?

Sometimes legal terms get confused when they are used interchangeably.  Divorce and Custody are good examples of that.  If you are getting a divorce and you have children, you will also be working on custody issues.  You could also seek custody of your child even if you were never married and are not in need of a divorce.

Custody as Part of a Divorce Action

When you have kids and you decide to get divorced, the Court has jurisdiction over those kids.  This means that as part of your divorce action, either you and your spouse, your attorneys through negotiation or the judge will decide who has the kids, when and under what terms.  This includes visitation, child support, custody, vacations, health care and everything else that goes along with having a child.  The court will also divide your property either on its own findings or based upon the agreement of the parties or mediation.  Ultimately, the court will also grant your divorce.

Custody as an Independent Action

If you were never married and have a child together, you can ask the court to determine paternity, custody, child support and all the other odds and ends of things that go along with having a child.  This action is essentially the same as the custody portion of a divorce.  The court has jurisdiction over children who have lived in the state for a period of greater than 6 months and therefore can decide who will have custody and what the visitation will look like.

Trends in Custody

It used to be that the mother was almost always given primary physical custody of a child pursuant to divorce or to a custody action.  Over the years the court has moved away from that presumption.  The court looks at the best interest of the child in determining what custody arrangement will be ordered.  The court looks at several factors in making that decision.  While I will discuss those factors in my next post, the important thing here is that custody arrangements these days vary greatly.  Many times the court will order a 50/50 schedule where the child changes households every seven or so days.  If the parties agree on what the custody will look like you can get all sorts of arrangements; basically whatever fits your schedules as well as the kids' schedule.

If you need to talk with a Boise Divorce Attorney give us a call and see what we can do for you. (208) 472-2383.

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.

Military Divorce

Military Divorce

I get a lot of questions from folks about military divorce.  In general, these questions revolve around child custody with an active duty military parent, military retirement, service of process on a member of the military who is on active duty and child support.  Military divorce has many of its own issues that you don't find or which are handled differently than a regular divorce.

Service of Process

There are laws to protect service members who are deployed or on active duty.  In the civilian context, when you serve divorce papers on someone you can have them served at home or at work.  If you have them served at home there is not a requirement that they personally are served.  Anyone over 18 years of age in the household can be served the papers and that is effective service.  Once they are served, they have twenty days to respond to the complaint or a default may be taken against them.

Active military personnel are protected against this with the Service Members Civil Relief Act (previously known as the Soldiers and Sailors Civil Relief Act).  Not only can they not be served divorce papers, no divorce action may be taken against them while they are on active duty or immediately after the return from active duty.

Exercising Custody and Visitation While Deployed

Idaho allows a soldier to delegate their right to visitation and custody to another party by power of attorney.  What this means is that if a member of the armed services is deployed they can give their visitation rights to whomever they want (obviously within reason).  While it can and does cause irritation with the other parent, particularly if the right of visitation is given to a new partner or significant other, this allows a proxy to exercise regular and frequent contact while the service member is away on active duty.

Military Retirement

Military retirement and how it is divided is one of those things that have changed over time.  While a military spouse is entitled to half of the retirement acquired during their marriage, it hasn't always been that way.  At one point, maybe more, in Idaho law, military retirement belonged to the service member alone.

The division of military retirement requires specific paperwork to be divided correctly and for the proper accounting to be made.

Child Support

Believe it or not, there are issues with child support and military personnel.  These often revolve around the actual income of the soldier.  A soldier's income will include their regular pay, any disability the receive as well as any vouchers, housing or otherwise, that they receive.

If you need a divorce and want to speak with a Boise Divorce Attorney, give us a call at (208) 472-2383.  You will be glad you did.

Divorce Attorneys Boise Idaho (208) 472-2383

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.

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.

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.

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.