Boise Divorce Attorney
Idaho's Divorce and Child Custody Attorneys
Here at Idaho Divorce Law Firm, our divorce lawyers handle all forms of divorce and have worked with clients going through uncontested divorces, no-fault divorce, military divorce, and high-asset divorce. We also cover all forms of family law matters, such as child custody, child support, adoption, spousal support, and guardianship cases.
We work hard to build a secure attorney-client relationship, one that inspires confidence in our abilities. From negotiations in family law cases to mediating over the contested issues of your divorce, we are ready to help.
Do You Need A Boise Divorce Attorney to File For Divorce?
It is almost never advisable to go through a divorce without a Boise divorce attorney. However, the general steps are below.
If you or your former spouse has lived in Boise for at least six weeks, you are eligible to file for divorce in the Ada County Magistrate Court. Your divorce will be handled by a judge, and only one judge, during the case. Your Boise divorce lawyer will be in contact with the court and the opposing attorney for the duration of the case.
During the divorce process, you and your former spouse will need to make decisions regarding asset division, custody of any minor children, and child or spousal support if relevant to your situation. You can work with your Boise divorce attorney to reach a settlement outside of court. You can attend mediation. Or, if you are unable to reach an agreement through your attorneys or through mediation, you can litigate the divorce and present your respective cases to a judge in the Ada County District Court, who will make the final decisions.
Deciding Between No-Fault and At-Fault Divorce in Boise, ID
At fault divorces can be due to these conditions:
- Domestic violence.
- Abandonment of spouse for a period of at least a year.
- Conviction of a felony.
- Mental incapacitation.
- Mental, physical, and emotional abuse beyond domestic violence.
Contested Divorce in Boise, ID
Contested divorces are the most common form of divorce and involve two spouses who cannot agree on the important parts of their divorce. The divorce cannot be finalized until these agreements are in place. If the decisions have to be made by a judge, then there may be numerous hearings and expensive court costs.
Important issues include spousal support and child custody if there are any children involved.
This does not mean that a contested divorce is a bad thing, quite the opposite. Contested divorces, when handled correctly with the right mediation and representation, can lead to decisions that are fair and reasonable. With an Idaho divorce lawyer residing over negotiations and discussions, you and your spouse should be able to come to decisions together without the need for involvement by the court.
Our Meridian and Boise Family Law Attorneys Are on Your Side
Seeking representation from a divorce lawyer is a decision that can never be made too early. Divorce is challenging, and for couples that have been married for a number of years, unraveling your lives, finances and assets may seem like an impossible task.
If you have any issues relating to your divorce, are unsure where to begin, or your spouse has obtained their own representation, we recommend you get in touch with us immediately. We can assist you in understanding your legal options.
If you have family law issues related to a divorce, such as child custody or child support queries, we can help.
Our Other Practice Areas
Child Custody in Boise
Your children are the top priority, and when spouses are divorcing, it is common for both parties to want full child custody and to do what is best for them. With the emotions that can be wrapped up in divorce, however, sometimes judgment can be clouded by spite and anger.
A custody case is important to determine where your child will live, who can make decisions on his or her behalf, and whether child support and other financial orders are needed to cover work-related childcare expenses, health insurance, school fees, or extracurricular activities. Your child custody attorney will mediate, allowing you both to make decisions from a calm place. This ensures that decisions are made from a place of clarity.
Best Interest Factors for Child custody
When it comes to child custody, whether that is in the initial divorce or a child custody modification case, the court will look at certain factors when they are determining child custody.
The court and the judge will review everything that is going on, but they have certain factors that they look at and are directed by Idaho Law.
That being said, the court will always generally review and address these factors:
- The wishes of the child’s parent or parents as to his or her custody;
- The wishes of the child as to his or her custodian;
- The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
- The child’s adjustment to his or her home, school, and community;
- The character and circumstances of all individuals involved;
- The need to promote continuity and stability in the life of the child; and
- Domestic violence
Paternity Actions in Boise
Modifications to Child Custody and Support
Even if your divorce was finalized years ago, or your custody case resulted in a Parenting Plan that has been working well, you or your former partner may want to return to court in order to seek a modification of child custody, child support, or spousal maintenance.
What Needs To Happen to Modify Child Custody
Typically, in order to be granted a modification, you need to show a substantial change in circumstances since the initial orders were made. Reasons that may allow you to do this include a drastic change in circumstances, such as losing a job, developing an illness, or re-marrying, and if you have reason to believe the current orders place your children in danger, such as if your ex-spouse has a drug problem.
Nothing Changes Until You File For Modification
One thing to keep in mind when you are deciding on when to file for modification, essentially everything, according to the court, will remain the same until you file for modification. This includes the child support amount, even if you have the kids all the time and the judgment says that the other parent has them all the time. You have to file to change the child support amount.
It is extremely important that you seek any modifications of an order with a skilled, experienced divorce attorney. You will need strong evidence for your claims and will need to put forward a compelling case as to why you need the modification for them to be agreed upon.
Your Boise family law attorney can draft an agreement that you have reached outside of court and submit it to the Ada County District Court so that it becomes a legally enforceable order without your having to appear in person. But if you cannot reach an agreement, your attorney can help you make your case to a judge, just the same as you would have prior to your divorce or custody case being decided at the outset.
Division of Assets in Boise, ID
It is extremely important that you seek fair division of assets or any modifications of an order with a skilled, experienced divorce attorney. You will need strong evidence for your claims and will need to put forward a compelling case as to why you need the modification for them to be agreed upon. Your Boise family law attorney can draft an agreement that you have reached outside of court and submit it to the Ada County District Court so that it becomes a legally enforceable order without your having to appear in person. But if you cannot reach an agreement, your attorney can help you make your case to a judge, just the same as you would have prior to your divorce or custody case being decided at the outset.
It can get complicated, but our Idaho divorce lawyers can help clients understand what they should expect from a settlement and even negotiate with other parties on your behalf.
Pre-Nuptial and Post-Nuptial Agreements
If you are getting married later in life, and you or your partner have significant interests in a family business or other pre-marital assets, you may wish to enter into a prenuptial agreement prior to getting married. A prenuptial agreement will lay out the division of assets and whether spousal maintenance will be paid in the event of divorce. If you did not enter into a prenuptial agreement but wish to enter into such an agreement after the date of the marriage, it is called a postnuptial agreement. Our Boise family lawyer can assist you in drafting these agreements.
It is important to understand that neither a prenuptial nor a postnuptial agreement cannot cover anything related to present or as yet unborn minor children. All decisions for minor children must be made according to their best interests at the time you divorce.