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.
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.
Idaho is a no-fault state, meaning you can either apply for an at-fault or a no-fault divorce. No matter how you come to a decision, we recommend speaking to one of our divorce lawyers as early as possible. They will be able to guide your decision.
In Idaho, the law is flexible when it comes to allowing married couples to divorce. A no-fault divorce requires no justification other than the fact that the marriage is no longer working for both parties.
At-fault divorces require justification, but if you have proper grounds for this form of divorce, you may be looked at more favorably when it comes to seeking spousal support or child custody.
At fault divorces can be due to these conditions:
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.
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.
As well as your divorce proceedings, we can assist you in a number of other ways. We cover the whole range of family law issues, allowing us to cover all of the important things you are going through.
Our other legal services include:
Your children are the top priority, and when spouses are divorcing, it is common for both parties to want full 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.
Child support is often necessary following a divorce. If one spouse has made sacrifices in their career to stay home and look after the children, they may not have the same earning potential when they leave the marriage, and this means that if they are the ones who win custody, they may need support.
No child should have to suffer following a divorce, and this means that their way of living should be maintained with as little interruption and as much stability as possible.
If you are unmarried and your current or former partner is pregnant with or gave birth to your biological child, you will need to establish paternity prior to opening a Boise child custody case or otherwise gaining legal acknowledgment of your fatherhood. If your child is born at a local hospital and you are present at the birth, you and your partner may be asked to fill out a voluntary Acknowledgement of Paternity form. However, if you were not present at your child’s birth, or if either you or your child’s mother chose not to fill out the form, you will need to go to court to establish legal paternity by filing a paternity action. Our Boise family law firm can help you through this process.
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. 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.
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.
With Idaho being an equitable split state, the division of assets must be divided in a fair, equitable way. Any assets that have been obtained throughout the course of the marriage classes as community property, and this is subject to the division; any assets that were obtained before the marriage began are classed as separate property and will remain separate.
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.
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.
Divorce and custody are more familiar family law terms. But if you want to adopt a child in Boise, you will also need a Boise family law attorney. If you choose to adopt privately, both the intended parents and the birth mother are represented by counsel. If you are adopting through the foster care system, whether or not the children you seek to adopt are related to you, it is helpful to have an attorney familiar with the Department of Children and Families (DCF) who understands the process.
Deciding who you want to represent you in your divorce proceedings is an important decision, one that is difficult to make, especially for those with no experience in hiring a lawyer. You may not even know where to begin.
Here are the qualities we think are important as divorce lawyers.
All good divorce lawyers will spend most of their professional time with a full caseload. This means that they need to have impeccable time management skills. Allocating the right amount of time to each client and giving your case the dedication it deserves is the hallmark of a skilled divorce lawyer.
You should always ask your potential lawyer how busy their caseload is and how they plan to manage your case alongside other clients.
As divorce and family law attorneys, our main goal is to help you move forward with your life with as little friction as possible, transitioning into the next chapter. This means that every decision your attorney makes should have your best interest or the best interest of your children at heart.
Your family law attorney should always take the time to listen compassionately and provide you with a sympathetic ear, however, they should always advise you from an unbiased space. This means they should not be afraid to tell you what they think and if they believe you are acting in a way that is not beneficial to your own needs.
Your divorce case will almost always involve other aspects of family law. This means your lawyer should have experience in dealing with other family law matters as well as divorce.
They should be excellent mediators, negotiators, and litigators and should have extensive knowledge in:
If you are considering divorce or your spouse has served you with divorce papers, you should get in touch with a member of our team immediately. We are committed to protecting the rights of all our clients and will work tirelessly to help you move forward into a brighter new future.
Remember, the outcome of your family law case will place legal obligations on you and could impact you for the rest of your life. Therefore it is essential that you have representation and guidance from an experienced family law attorney who has your best interests at heart.
We serve primarily in the following cities:
and surrounding cities in Idaho such as:
Our firm is here to help. With offices in both Meridian and Boise, we serve the greater Boise area and surrounding areas. Contact Idaho Divorce Law Firm today for a free consultation at (208) 314-3302.