If you live in Boise, Idaho you are eligible to file for divorce in the Ada County Magistrate Court, provided either you or your spouse has resided in the area for at least six weeks prior to filing. Consulting with your Boise child custody lawyer prior to deciding how to file will ensure that you understand the options available to you when you decide to file for divorce and make the right choice for your individual situation.
Family Court services at the Ada County District Court may be useful during your Boise divorce. The Court can offer assistance in creating a Parenting Plan, running child support calculations, and arranging supervised visitation if that is necessary. If during the course of your divorce you, your former spouse, either of your attorneys, or a judge feels that a Parenting Time Evaluation is necessary to make decisions about child custody, the process will be done through the court.
Deciding where your children will live, how you will make major decisions about their health and education with your former spouse and figuring out how to allocate financial responsibility are likely to comprise a large part of your divorce case.
Idaho is a community property state. In a Boise divorce, assets acquired during the marriage are presumed to belong equally to each spouse and will be divided 50-50 when a couple decides to divorce. This does not mean that every bank account will be split down the middle, or that the marital home must be sold so the profits can be divided evenly. What it does mean is that the value of the property awarded to each spouse must be essentially equal. How this is calculated can happen in a number of different ways.
Spousal maintenance, often called alimony, is not automatically awarded in a Boise divorce. An award of alimony will be determined on the basis of a number of factors, including the age and health of each spouse, the length of the marriage, the level of financial need of the recipient spouse in order to maintain their standard of living, and the ability of the payor spouse to pay based on their income and assets. If you share minor children with your former spouse, child support may be taken into account in a determination of alimony, and alimony may be a factor in calculating child support.
If you and your former spouse are able to agree on custody, support, and asset division, you can move forward with an uncontested divorce in Boise. You may choose to utilize the Ada County District Court’s mediation services and retain a Boise child custody attorney to review the mediated agreement to ensure it is proper and in the best interests of you and your children, if applicable. Or, your Boise divorce lawyer may be able to negotiate a reasonable settlement of all of the issues with your spouse’s attorney. This is the most cost-effective way to proceed during divorce.
If there are major issues in your Boise divorce like domestic violence or substance abuse on the part of one spouse, or if you and your spouse simply cannot resolve major disagreements, you may have to proceed with a contested divorce. Your Boise child custody attorney will file motions with the court and your spouse’s attorney will do the same, and while you wait for a final hearing or “trial” you may have to appear in court so a judge can make temporary decisions related to custody of your children, child support, or spousal support. Our Boise divorce law firm is experienced both in mediated divorce and in appearing in court on behalf of divorcing clients.
We serve primarily in the following cities:
and surrounding cities in Idaho such as: