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.

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 - 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.