Our Boise divorce lawyer is here to help with any issues related to divorce, child custody, child support, paternity actions, pre-nuptial or post-nuptial agreements, dependency issues, post-judgment modifications, and adoptions. If you are in need of advice on any family matter, you’ve come to the right place. Attorney Joseph Frick is experienced in all areas of family law and is here to guide you through the process, whatever it may look like for you.
It is almost never advisable to go through a divorce without a Boise divorce lawyer. 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 the 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 family law 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.
If you have any minor children, child custody may be at issue as part of your Boise divorce. But a custody case can also be opened if you were never married to your child’s other parent, in order 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.
But 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 Acknowledgment 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. For example, in a custody case, you may need to revisit the parenting time arrangement if both parents used to live in Boise, but one parent now needs to move to California due to a job change.
You do not have to go to court to modify your agreement, if you and your former partner can work out the details yourselves. 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.
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 pre-nuptial agreement prior to getting married. A pre-nuptial 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 pre-nuptial agreement but wish to enter into such an agreement after the date of the marriage, it is called a post-nuptial agreement. Our Boise family lawyer can assist you in drafting these agreements.
It is important to understand that neither a pre-nuptial nor a post-nuptial 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.
Child abuse and neglect are serious matters. The Idaho Department of Health and Welfare handles these cases. If you are seeking to gain custody of children who have been placed under the jurisdiction of DCF in Boise, you will need a Boise divorce and family lawyer to represent you.
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