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.

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

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.

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.

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.