Boise Divorce Lawyers, Attorneys, Boise Family Law Lawyers, Probate Attorneys in Idaho, call (208) 472-2384 for a free consultation.
Family Law in Idaho has many facets including divorce, custody and probate. Probate occasionally falls under family law because there are elements of the family included in establishing your estate. An example of where family law and probate intermingle is in divorce. As a Boise Divorce Attorney, I always tell my clients to make certain that they change their will after they divorce. This primary reason for this is to facilitate the ease of probate once you die. For example, if you never take out a piece of property that your ex-spouse was awarded in the divorce, you can get a lot of complications going. It is always best to clean up your will after a divorce.
Another example of where changing your will is really the best thing to do is when you divorce, you should take out your old spouse and put in your new spouse. If you leave your new spouse out of the will, Idaho has a probate provision in the Idaho Code that says your spouse will take their share of the property (as if you had died without a will) unless it is clear that you intended to leave them out. If, however, you didn't take your Boise Divorce Lawyers advice and take the exspouse's name out, that ex spouse may still take some of your property. For example, if your old will read, "I leave all my real property to Betsy Boo" but you did not name her as your spouse, when you die and you haven't taken her name out Betsy Boo may still take some property of yours. If I were Betsy Boo's Probate Attorney and there wasn't evidence to the contrary, I would certainly argue that.
Cleaning up your will pursuant to divorce is an area where family law and probate law get heavily entangled. Remember, don't forget to get a new will!
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call (208) 472-2384. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you.
Monday, April 4, 2011
Friday, April 1, 2011
Boise Divorce Attorney Lawyers - Boise Family Law Lawyers Attorney - Custody Attorneys Idaho
Boise Divorce Lawyer Attorneys, Boise Family Law Lawyers Attorney, Idaho Custody Attorneys, call (208) 472-2383 or visit www.divorceboiseid.com, divorce, custody, child support, modification, visitation, termination, adoption, domestic violence and all family law issues.
As a Boise Divorce Lawyer I often hear from male clients that they feel that they don't have a shot in the dark at getting custody of their kids. However, Boise Divorce Attorneys know that, in general, gender is not used to determine custody.
As a Boise Divorce Attorney I have seen the law change over time. It used to be that in Idaho there was something known as the Tender Years Doctrine that stated a preference for young children to be placed in the custody of their mothers. This was based upon the belief that mothers were more nurturing and gentle and therefore better custodians for the children.
This Doctrine no longer exists in Idaho. Custody is determined by by the best interest of the child. This is a whole range of factors that judges look at to determine where custody should be placed. These included stability, continuity and character.
A good evaluator of who will get custody is who has traditionally been the primary care giver? Who historically has been the party who has provided the day to day care of the child? What are your motives for trying to get custody? In a divorce situation, tempers and emotions run high. Sometimes, pursuant to divorce, people, out of spite, want to hurt the other party and they often do that in the custody sphere. However, it is always critical to look at custody in relation to the best interest of the child.
So, as a Boise Divorce Lawyer, I can tell you that there is not a gender preference for custody, but more women do get custody of their children pursuant to divorce primarily because they have been the historical primary care giver and have provided the day to day care for the child. This, however, is not to say that a man should not try to seek custody if he has provided the day to day care, has been the primary care giver, is more stable and has a better character than his ex-spouse. This is particularly true when the woman has been the primary care giver but has made some poor decisions during or prior to the divorce, such as drug use or criminal activity.
If you need to speak to a Boise Divorce Lawyer, please call (208) 472-2383
As a Boise Divorce Lawyer I often hear from male clients that they feel that they don't have a shot in the dark at getting custody of their kids. However, Boise Divorce Attorneys know that, in general, gender is not used to determine custody.
As a Boise Divorce Attorney I have seen the law change over time. It used to be that in Idaho there was something known as the Tender Years Doctrine that stated a preference for young children to be placed in the custody of their mothers. This was based upon the belief that mothers were more nurturing and gentle and therefore better custodians for the children.
This Doctrine no longer exists in Idaho. Custody is determined by by the best interest of the child. This is a whole range of factors that judges look at to determine where custody should be placed. These included stability, continuity and character.
A good evaluator of who will get custody is who has traditionally been the primary care giver? Who historically has been the party who has provided the day to day care of the child? What are your motives for trying to get custody? In a divorce situation, tempers and emotions run high. Sometimes, pursuant to divorce, people, out of spite, want to hurt the other party and they often do that in the custody sphere. However, it is always critical to look at custody in relation to the best interest of the child.
So, as a Boise Divorce Lawyer, I can tell you that there is not a gender preference for custody, but more women do get custody of their children pursuant to divorce primarily because they have been the historical primary care giver and have provided the day to day care for the child. This, however, is not to say that a man should not try to seek custody if he has provided the day to day care, has been the primary care giver, is more stable and has a better character than his ex-spouse. This is particularly true when the woman has been the primary care giver but has made some poor decisions during or prior to the divorce, such as drug use or criminal activity.
If you need to speak to a Boise Divorce Lawyer, please call (208) 472-2383
Tuesday, March 29, 2011
Boise Divorce Lawyers - Boise Family Law Attorneys - Boise Custody Lawyer Attorney - Is There a Gender Preference in Custody
Boise Divorce Lawyers, Boise Family Law Attorneys, Custody Lawyer Attorney, (208) 472-2383 or visit www.divorceboiseid.com, divorce, custody, support, modification, visitation, adoption, termination, domestic violence and all family law issues in Idaho.
Boise Divorce Lawyers are regularly asked if there is a gender preference for custody in Idaho. As a Boise Divorce Attorney who has practiced Family Law in Idaho for nearly 18 years, I have seen the law change over time. It used to be that there was a strong preference for the mother to be the custodial parent. There was something known as the tender years doctrine that put forward that children do better in the custody of their mothers because women are more tender and sensitive.
As divorce and custody law has changed so has the automatic presumption that the mother makes the best custodial parent. More and more Boise Divorce Lawyers and Custody Attorneys see fathers getting custody or at least a larger share of visitation.
While the tender years doctrine has been done away with, the basis for determining custody has shifted to looking at the evidence and weighing the best interest of the child based upon criteria outlined by the Idaho Code. Stability and continuity are huge factors in the best interest of a child. Often, men won't even attempt to pursue custody because they think that there is a gender preference for custody and that that preference is for women.
As a Boise Divorce Lawyer I believe that if a man feels that it is in the best interest of his children to seek primary physical custody and he has the facts and the criteria that show that the children best interest would be to be placed in his custody, then he should seek that custody. If, however, the desire is retaliatory or spiteful and not in the best interest of the child, then he should consider that in his desire.
Maintaining the status quo is also a major consideration for custody disputes. Boise Divorce Lawyers often get requests from clients to mix up that status quo. Generally the status quo will be maintained throughout the divorce proceedings and until Boise Divorce Attorneys provide evidence and testimony to show that the child's best interest is served otherwise.
If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Lawyer, please call (208)472-2383 or visit www.divorceboiseid.com/Divorce or www.lawboiseid.com/Boise-divorce-attorney. Here you will find helpful information about divorce and custody in Idaho. You can fill out the quick contact form and one of our Boise Divorce Lawyers will get right back to you.
Boise Divorce Lawyers are regularly asked if there is a gender preference for custody in Idaho. As a Boise Divorce Attorney who has practiced Family Law in Idaho for nearly 18 years, I have seen the law change over time. It used to be that there was a strong preference for the mother to be the custodial parent. There was something known as the tender years doctrine that put forward that children do better in the custody of their mothers because women are more tender and sensitive.
As divorce and custody law has changed so has the automatic presumption that the mother makes the best custodial parent. More and more Boise Divorce Lawyers and Custody Attorneys see fathers getting custody or at least a larger share of visitation.
While the tender years doctrine has been done away with, the basis for determining custody has shifted to looking at the evidence and weighing the best interest of the child based upon criteria outlined by the Idaho Code. Stability and continuity are huge factors in the best interest of a child. Often, men won't even attempt to pursue custody because they think that there is a gender preference for custody and that that preference is for women.
As a Boise Divorce Lawyer I believe that if a man feels that it is in the best interest of his children to seek primary physical custody and he has the facts and the criteria that show that the children best interest would be to be placed in his custody, then he should seek that custody. If, however, the desire is retaliatory or spiteful and not in the best interest of the child, then he should consider that in his desire.
Maintaining the status quo is also a major consideration for custody disputes. Boise Divorce Lawyers often get requests from clients to mix up that status quo. Generally the status quo will be maintained throughout the divorce proceedings and until Boise Divorce Attorneys provide evidence and testimony to show that the child's best interest is served otherwise.
If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Lawyer, please call (208)472-2383 or visit www.divorceboiseid.com/Divorce or www.lawboiseid.com/Boise-divorce-attorney. Here you will find helpful information about divorce and custody in Idaho. You can fill out the quick contact form and one of our Boise Divorce Lawyers will get right back to you.
Monday, March 14, 2011
Boise Divorce Lawyers - Boise Family Law Attorneys - Idaho Custody Attorney - Child Support Lawyer - Stimulus Dollars
Boise Divorce Lawyers - Boise Family Law Attorneys - Divorce, Custody, Child Support, visitation, Modification, Adoption and Termination, call for your free consultation (208) 472-2384 or visit www.divorceboiseid.com
Boise Divorce Lawyers are getting quite a few calls concerning the Obama Stimulus Dollars for first time home owners. Why are divorce attorneys getting these calls? Because, if you got the $8,000 credit to buy your first home you have to hold onto that home for three years before you sell it and if you don't you have to pay back the credit.
What happens when you got the credit and now, less than 36 months later you are getting a divorce? Sadly, you have to pay it back. Who pays the credit pursuant to divorce and how much?
The law concerning pay back of the credit upon divorce is governed by the IRS. Here's how it works.
The credit is considered to belong to both of you so you each have to pay back half if the house is sold. You may not owe the entire amount, or anything for that matter, if the profit of the home is less than the $8,000. If you only make a $3,000 profit on the sale of your home then you each only owe $1,500. The amount you owe is paid back as an additional tax on your 1040. In addition you must file IRS Form 5404.
If you are divorced before the 3 year period but the home is transferred to one spouse as part of the divorce settlement, the credit then becomes the responsibility of the party taking the home. If they sell the house before the 3 year period has expired they owe the entire amount. So, for example, if they sell the home and make a $5,000 profit then repayment of that $5,000 is their responsibility. If they hold onto the home for the remainder of the 3 year period, then there is no repayment required (unless the home was purchased in 2008 and under 2008 law they, or anyone who bought a house is required to begin paying back the credit over a 15 year period beginning in 2011).
Another question divorce lawyers are getting is, what if we get a divorce but the house doesn't sell until after the 3 year period. The repayment kicks in upon sale of the house, not upon divorce, so nothing would be owing.
Boise Divorce Attorneys know that the IRS is complex and so the laws effecting the tax credit don't stop there. It is possible that even if a couple who gets a divorce and is forced to sell before the 3 year period is up to avoid repaying the credit at all. If, within two years, you purchase a new home you may be exempt from paying back the credit. Again, Boise Divorce Lawyers know it still doesn't stop there. There are all sorts of other rules and laws effecting the tax credit like condemnation, foreclosure and death - we are after all dealing with the IRS!
If you are seeking a divorce and need to speak to a Boise Divorce Attorney please cal (208) 472-2384. One of our lawyers will be happy to speak with you.
Boise Divorce Lawyers are getting quite a few calls concerning the Obama Stimulus Dollars for first time home owners. Why are divorce attorneys getting these calls? Because, if you got the $8,000 credit to buy your first home you have to hold onto that home for three years before you sell it and if you don't you have to pay back the credit.
What happens when you got the credit and now, less than 36 months later you are getting a divorce? Sadly, you have to pay it back. Who pays the credit pursuant to divorce and how much?
The law concerning pay back of the credit upon divorce is governed by the IRS. Here's how it works.
The credit is considered to belong to both of you so you each have to pay back half if the house is sold. You may not owe the entire amount, or anything for that matter, if the profit of the home is less than the $8,000. If you only make a $3,000 profit on the sale of your home then you each only owe $1,500. The amount you owe is paid back as an additional tax on your 1040. In addition you must file IRS Form 5404.
If you are divorced before the 3 year period but the home is transferred to one spouse as part of the divorce settlement, the credit then becomes the responsibility of the party taking the home. If they sell the house before the 3 year period has expired they owe the entire amount. So, for example, if they sell the home and make a $5,000 profit then repayment of that $5,000 is their responsibility. If they hold onto the home for the remainder of the 3 year period, then there is no repayment required (unless the home was purchased in 2008 and under 2008 law they, or anyone who bought a house is required to begin paying back the credit over a 15 year period beginning in 2011).
Another question divorce lawyers are getting is, what if we get a divorce but the house doesn't sell until after the 3 year period. The repayment kicks in upon sale of the house, not upon divorce, so nothing would be owing.
Boise Divorce Attorneys know that the IRS is complex and so the laws effecting the tax credit don't stop there. It is possible that even if a couple who gets a divorce and is forced to sell before the 3 year period is up to avoid repaying the credit at all. If, within two years, you purchase a new home you may be exempt from paying back the credit. Again, Boise Divorce Lawyers know it still doesn't stop there. There are all sorts of other rules and laws effecting the tax credit like condemnation, foreclosure and death - we are after all dealing with the IRS!
If you are seeking a divorce and need to speak to a Boise Divorce Attorney please cal (208) 472-2384. One of our lawyers will be happy to speak with you.
Thursday, March 10, 2011
Boise Divorce Lawyers - Boise Family Law Lawyers - Idaho Custody Attorneys - Paternity
Boise Divorce Lawyers, Idaho Custody Attorneys, Boise Family Law Lawyers, call (208) 472-2384 or visit www.divorceboiseid.com for your free consultation today.
We all know people who have been subject to paternity tests. Boise Family Law Lawyers often hear people say that their girlfriend says its their baby but they know they aren't the dad. Idaho Custody Lawyers often see that same guy after his paternity test has come back positive. But what happens when the girlfriend tells the guy that he's the dad and he believes her? What happens when that same guy pays child support for that child? What happens when that guy finds out that that kid isn't his and that that girl knew it all along?
Boise Family Law Lawyers have a new tool to help that poor guy who has been tricked into believing he was the dad. The Idaho Legislature has enacted a domestic relations statute that helps the innocent victim of paternity fraud. If you have found yourself in this situation a Boise Divorce Attorney can file a petition to terminate the child support order and a petition requesting that the mother of the child or the biological father pay you restitution in the amount that you paid for child support for the child who was not yours. You have two years from the date that you discover that the child is not yours to file the petition. Your attorney has to show by clear and convincing evidence that you are not the biological father and that the mother willfully and intentionally claimed you were.
If you need to speak to a Boise Family Law Lawyer, an Idaho Custody Attorney or a Boise Divorce Lawyer, please call (208) 472-2384.
We all know people who have been subject to paternity tests. Boise Family Law Lawyers often hear people say that their girlfriend says its their baby but they know they aren't the dad. Idaho Custody Lawyers often see that same guy after his paternity test has come back positive. But what happens when the girlfriend tells the guy that he's the dad and he believes her? What happens when that same guy pays child support for that child? What happens when that guy finds out that that kid isn't his and that that girl knew it all along?
Boise Family Law Lawyers have a new tool to help that poor guy who has been tricked into believing he was the dad. The Idaho Legislature has enacted a domestic relations statute that helps the innocent victim of paternity fraud. If you have found yourself in this situation a Boise Divorce Attorney can file a petition to terminate the child support order and a petition requesting that the mother of the child or the biological father pay you restitution in the amount that you paid for child support for the child who was not yours. You have two years from the date that you discover that the child is not yours to file the petition. Your attorney has to show by clear and convincing evidence that you are not the biological father and that the mother willfully and intentionally claimed you were.
If you need to speak to a Boise Family Law Lawyer, an Idaho Custody Attorney or a Boise Divorce Lawyer, please call (208) 472-2384.
Monday, February 28, 2011
Boise Divorce Lawyers and Military Deployment
With the ongoing war in Iraq and the United State's presence in Afghanistan more and more Idaho soldiers are being deployed, often more than once. What does this do to those who have had a divorce and have a custody and visitation schedule in place? As a Boise Divorce Lawyer, I often hear from my clients when they are given notice of deployment, that they are afraid that their custody and visitation arrangements may be disrupted. Divorce lawyers know that this can be stressful for military personnel, but they also know that there are many protections in Idaho law and federal law for military personnel.
As a Divorce Attorney in Boise I often advise my clients to create a power of attorney to delegate their visitation while they are deployed. Idaho law allows for custody to be delegate through a power of attorney for three years. This is often the best option when their are step siblings with whom continued contact would be valuable, or grandparents with who the child has a good relationship. Custody attorneys use this as a way not to disrupt custody and visitation.
Another option I use as a Custody lawyer is a mutual agreement between the parties that the visitation of the military personnel will be temporarily suspended, without prejudice, while the soldier is deployed. Divorce lawyers often see this as the best choice when there aren't step-siblings or grandparents around with whom continued contact would be beneficial.
A word of caution, however. Military personnel are protected by Idaho law allowing them to delegate their custody and visitation rights, but as a Boise Divorce Lawyer, I can tell you that doesn't mean that other parent won't hire a custody attorney and motion for a modification or won't try to show how that power of attorney is not in the best interest of the child. In this situation, divorce lawyers can put forward the opposition of the best interest of the child and then it is for an Idaho Court to decide.
If you need to speak with a Boise Divorce Lawyer or a Custody Attorney in Boise, please call (208) 472-2384 or visit www.lawboiseid.com for more information
As a Divorce Attorney in Boise I often advise my clients to create a power of attorney to delegate their visitation while they are deployed. Idaho law allows for custody to be delegate through a power of attorney for three years. This is often the best option when their are step siblings with whom continued contact would be valuable, or grandparents with who the child has a good relationship. Custody attorneys use this as a way not to disrupt custody and visitation.
Another option I use as a Custody lawyer is a mutual agreement between the parties that the visitation of the military personnel will be temporarily suspended, without prejudice, while the soldier is deployed. Divorce lawyers often see this as the best choice when there aren't step-siblings or grandparents around with whom continued contact would be beneficial.
A word of caution, however. Military personnel are protected by Idaho law allowing them to delegate their custody and visitation rights, but as a Boise Divorce Lawyer, I can tell you that doesn't mean that other parent won't hire a custody attorney and motion for a modification or won't try to show how that power of attorney is not in the best interest of the child. In this situation, divorce lawyers can put forward the opposition of the best interest of the child and then it is for an Idaho Court to decide.
If you need to speak with a Boise Divorce Lawyer or a Custody Attorney in Boise, please call (208) 472-2384 or visit www.lawboiseid.com for more information
Thursday, February 24, 2011
Boise Family Law Lawyers and Custody Issues
As a Boise Family Law Lawyer I often deal with custody issues. Two major custody issues that I deal a lot with as a Custody Attorney in Idaho are parental fitness (and I am not talking being in shape!) and visitation. There are a whole range of issues that revolve around these two issues but today I will discuss only limited considerations of both.
What makes a parent fit to be a custodial parent and how flexible should visitation be? The difficulty with custodial fitness revolves around what should actually be considered in determining whether a parent is fit or not. Boise Family Law Lawyers can tell you that there is no specific answer to this. This has a lot to do with subjectivity. Everyone is different. Everyone has different acceptable standards of what is ok and what is not. That is not to say that all things are ok. Obviously, abuse, neglect and violence are never ok, but as a Boise Custody Attorney I have actually heard people claim that one party is not fit to be a parent because they fed their child salami for dinner! This is why judges use a variety of considerations in determining parental fitness. It is more often the case also that it is not a matter of which party is fit and which party isn't, but rather what parent does it make more sense for the child to live with and which parent does it make sense for the child to have visitation with.
Because the situation is often more about what makes sense for the child the question is what type of visitation is appropriate. Again, this is a subjective issue. For some parties every other weekend works great. For others, a couple times a week works best. Still for others, one week on one week off is what makes sense. Family Law Lawyers in Boise will tell you that these flexible visitation schedules can be arranged but it is through mediation that the parties are able to work out what works best for them. Boise Custody Attorneys will tell you that if the judge makes the decision, the schedules may not be anywhere near as flexible nor will they reflect what a sensible arrangement is for you and your child.
If you are seeking a divorce or have custody issues and need to speak to a Family Law Lawyer in Boise, please call (208) 472-2384 or visit www.lawboiseid.com or www.divorceboiseid.com for more information.
What makes a parent fit to be a custodial parent and how flexible should visitation be? The difficulty with custodial fitness revolves around what should actually be considered in determining whether a parent is fit or not. Boise Family Law Lawyers can tell you that there is no specific answer to this. This has a lot to do with subjectivity. Everyone is different. Everyone has different acceptable standards of what is ok and what is not. That is not to say that all things are ok. Obviously, abuse, neglect and violence are never ok, but as a Boise Custody Attorney I have actually heard people claim that one party is not fit to be a parent because they fed their child salami for dinner! This is why judges use a variety of considerations in determining parental fitness. It is more often the case also that it is not a matter of which party is fit and which party isn't, but rather what parent does it make more sense for the child to live with and which parent does it make sense for the child to have visitation with.
Because the situation is often more about what makes sense for the child the question is what type of visitation is appropriate. Again, this is a subjective issue. For some parties every other weekend works great. For others, a couple times a week works best. Still for others, one week on one week off is what makes sense. Family Law Lawyers in Boise will tell you that these flexible visitation schedules can be arranged but it is through mediation that the parties are able to work out what works best for them. Boise Custody Attorneys will tell you that if the judge makes the decision, the schedules may not be anywhere near as flexible nor will they reflect what a sensible arrangement is for you and your child.
If you are seeking a divorce or have custody issues and need to speak to a Family Law Lawyer in Boise, please call (208) 472-2384 or visit www.lawboiseid.com or www.divorceboiseid.com for more information.
Monday, February 21, 2011
Boise Divorce Lawyers - Divorce and Custody Evidence
Boise Divorce Lawyers are seeing a new trend in evidence for divorce and custody cases. Facebook posts are being introduced into courts in Idaho either as supporting evidence for clients or as evidence against clients. Boise Divorce Lawyers are using facebook evidence to support their contentions that their client is the innocent party or the party most fit to be the custodial parent.
If you are in the middle of a divorce or custody battle and you post on your facebook account that you are having an affair, or that you interfered with a custody transfer or you violated a no contact order
Boise Divorce Lawyers will tell you that that evidence can be used against you in court.
A word of caution from a Boise Divorce Lawyer - be careful what you post on facebook - it might come back to bite you.
If you are seeking a divorce or have custody issues in Idaho and need to speak to a Boise Divorce Lawyer, please call (208) 472-2384 or visit www.lawboiseid.com or www.divorceboiseid.com for more information.
If you are in the middle of a divorce or custody battle and you post on your facebook account that you are having an affair, or that you interfered with a custody transfer or you violated a no contact order
Boise Divorce Lawyers will tell you that that evidence can be used against you in court.
A word of caution from a Boise Divorce Lawyer - be careful what you post on facebook - it might come back to bite you.
If you are seeking a divorce or have custody issues in Idaho and need to speak to a Boise Divorce Lawyer, please call (208) 472-2384 or visit www.lawboiseid.com or www.divorceboiseid.com for more information.
Monday, February 14, 2011
Boise Divorce Attorneys
Boise Divorce Attorneys see domestic violence a lot in the divorce context. Today's newspaper article outlining the domestic violence standoff in Boise on Saturday is a prime example of that. The Boise woman was charged with felony aggravated assault and two counts of domestic battery. The Boise man involved in the standoff was charged with violating a no-contact order and two counts of domestic battery.
As a Boise Divorce lawyer I often get calls from people in the same sort of situation, however and hopefully, I am able to speak to them before a no-contact order is violated and before any harm is done. A restraining order is supposed prevent contact that will lead to domestic violence but unfortunately I and other Boise divorce lawyers often see the orders violated.
The news article was unclear on the details of the recent standoff but it seems that the Boise man first violated the no-contact order which must have incited the woman to commit aggravated assault against the Boise man.
If you are seeking a divorce or have domestic violence issues and you would like to speak to a Boise Divorce attorney, please call (208) 472-2384 or visit www.divorceboiseid.com or www.lawboiseid.com
As a Boise Divorce lawyer I often get calls from people in the same sort of situation, however and hopefully, I am able to speak to them before a no-contact order is violated and before any harm is done. A restraining order is supposed prevent contact that will lead to domestic violence but unfortunately I and other Boise divorce lawyers often see the orders violated.
The news article was unclear on the details of the recent standoff but it seems that the Boise man first violated the no-contact order which must have incited the woman to commit aggravated assault against the Boise man.
If you are seeking a divorce or have domestic violence issues and you would like to speak to a Boise Divorce attorney, please call (208) 472-2384 or visit www.divorceboiseid.com or www.lawboiseid.com
Thursday, February 10, 2011
Boise Divorce Lawyer Talks About the Temporary Orders and Mediation
As a Boise Divorce Lawyer I often hear from people seeking a divorce who have custody issues. One of the biggest questions I hear from people is "how can I get custody of my kids?" Custody is emotionally a tough situation because you go from being a family to having two different families. You go from being with your kids all the time to seeing them on an alternating basis.
Custody in Idaho is determined on the basis of the best interest of the child. There are many factors which judges take into account to base a decision upon. During a divorce and custody proceeding Boise judges like to put in place something known as temporary orders. This provides for continuity and a schedule during the divorce. To establish temporary orders judges in Boise often look at the status quo. Who has traditionally been the primary care giver? Who is the child living with during the separation? What has been the existing visitation schedule? It is often based upon this that they determine what the temporary arrangement will be.
As a Boise divorce lawyer I can tell you that judges much prefer when the parties to a divorce and custody proceeding can agree on what the custody arrangement will be. Towards this end Boise judges will order parties to mediation. Mediation is supposed to help the parties agree on what the custody arrangement will be. While parties to the divorce often get frustrated by mediation, the reason Boise judges are so adamant about ordering it is based upon the principle that if the parties can agree there is less likelihood of the need for modification. While parties often dislike mediation because it involves a compromise, it gives the parties to the divorce the power to decide instead of being told by the judge what will happen.
If you need to speak to a Boise Divorce Lawyer, please give us a call at (208) 472-2384. For more information concerning divorce in Idaho please visit www.lawboiseid.com
Custody in Idaho is determined on the basis of the best interest of the child. There are many factors which judges take into account to base a decision upon. During a divorce and custody proceeding Boise judges like to put in place something known as temporary orders. This provides for continuity and a schedule during the divorce. To establish temporary orders judges in Boise often look at the status quo. Who has traditionally been the primary care giver? Who is the child living with during the separation? What has been the existing visitation schedule? It is often based upon this that they determine what the temporary arrangement will be.
As a Boise divorce lawyer I can tell you that judges much prefer when the parties to a divorce and custody proceeding can agree on what the custody arrangement will be. Towards this end Boise judges will order parties to mediation. Mediation is supposed to help the parties agree on what the custody arrangement will be. While parties to the divorce often get frustrated by mediation, the reason Boise judges are so adamant about ordering it is based upon the principle that if the parties can agree there is less likelihood of the need for modification. While parties often dislike mediation because it involves a compromise, it gives the parties to the divorce the power to decide instead of being told by the judge what will happen.
If you need to speak to a Boise Divorce Lawyer, please give us a call at (208) 472-2384. For more information concerning divorce in Idaho please visit www.lawboiseid.com
Tuesday, January 11, 2011
Boise Divorce Lawyer Talks About Alimony
As a Boise Divorce Lawyer people often ask me if they can get alimony in Idaho. Alimony is more commonly referred to as spousal support these days. While it is not very common in Idaho, there are situations where one party to a divorce will be ordered to pay spousal support.
Idaho Code 32-705 outlines the situations where alimony may be awarded after a divorce in Idaho. In general, if one party or the other lacks sufficient property to provide for themselves and they are unable to support themselves through employment, the court can award spousal support.
As a Boise Divorce Lawyer, people often ask if they can ask for alimony. Of course, you can always ask for it but the law applied today is different from years past. Before women routinely worked or had access to the workplace, alimony was provided so that women were not left destitute after they had spent their marriage in the home. Today, however, women have access to the workplace and more commonly have assets than not. It is a rare situation today where you will find that one party to a divorce does not have sufficient property or income to support themselves. If it is the situation, and it can happen (for example, if one party or the other has no work experience or training and there is little community property to divide between the parties), spousal support will be ordered but not indefinitely. An Idaho judge will often make the award for alimony a temporary order until the receiving party can get onto their fee.
If you need to speak to a Boise Divorce Lawyer call the Boise Divorce Law Center at (208) 472-2384 or visit us on the web at www.divorceboiseid.com
Idaho Code 32-705 outlines the situations where alimony may be awarded after a divorce in Idaho. In general, if one party or the other lacks sufficient property to provide for themselves and they are unable to support themselves through employment, the court can award spousal support.
As a Boise Divorce Lawyer, people often ask if they can ask for alimony. Of course, you can always ask for it but the law applied today is different from years past. Before women routinely worked or had access to the workplace, alimony was provided so that women were not left destitute after they had spent their marriage in the home. Today, however, women have access to the workplace and more commonly have assets than not. It is a rare situation today where you will find that one party to a divorce does not have sufficient property or income to support themselves. If it is the situation, and it can happen (for example, if one party or the other has no work experience or training and there is little community property to divide between the parties), spousal support will be ordered but not indefinitely. An Idaho judge will often make the award for alimony a temporary order until the receiving party can get onto their fee.
If you need to speak to a Boise Divorce Lawyer call the Boise Divorce Law Center at (208) 472-2384 or visit us on the web at www.divorceboiseid.com
Friday, January 7, 2011
Boise Divorce Lawyer Talks About Divorce in Boise ID
As a Boise Divorce Lawyer I get asked a lot of questions about how divorce and custody vary in different cities or counties and if it is better to file in one place or the other.
Firstly, divorce and custody does differ slightly between counties. In Ada County, Boise judges have different local rules they follow and different ways of approaching divorce and custody. The same goes for Canyon County or Elmore County and all counties throughout Idaho.
The next question, "is it better to file in one place or another?" is not really a practical question. You have to file for divorce or custody in the county where you reside or where the marital property is located or the county where the other party resides. If you both reside in Boise then you have to file in Ada County. If, however, you previously lived in Canyon County, your soon to be ex still lives there, your property is there, but your children live with you in Boise, you could look at the pros and cons of each county and make a choice as to where you would like to file.
If you are seeking a divorce in Idaho or have custody issues and want to speak to a Boise Divorce Lawyer, call (208) 472-2384 or visit www.divorceboiseid.com
Firstly, divorce and custody does differ slightly between counties. In Ada County, Boise judges have different local rules they follow and different ways of approaching divorce and custody. The same goes for Canyon County or Elmore County and all counties throughout Idaho.
The next question, "is it better to file in one place or another?" is not really a practical question. You have to file for divorce or custody in the county where you reside or where the marital property is located or the county where the other party resides. If you both reside in Boise then you have to file in Ada County. If, however, you previously lived in Canyon County, your soon to be ex still lives there, your property is there, but your children live with you in Boise, you could look at the pros and cons of each county and make a choice as to where you would like to file.
If you are seeking a divorce in Idaho or have custody issues and want to speak to a Boise Divorce Lawyer, call (208) 472-2384 or visit www.divorceboiseid.com
Monday, January 3, 2011
Boise Divorce Lawyer Talks About the Uniform Child Custody Act
As a Boise Divorce Lawyer I often talk to people about child custody modification. A confusing issue for people can be where and when modification can take place when you are new to Idaho.
Jurisdiction is what controls where and when you can file a complaint in a court. If you have moved to Idaho and have lived here for 6 weeks, for example, you can file for divorce, even if your spouse does not live in Idaho. Child custody can also be decided by a divorce court once jurisdiction has been established.
As a Boise Divorce Lawyer, I see cases, however, where the child custody issues can be addressed by an Idaho Court when jurisdiction has not been established. In cases where a child is present in Idaho and there is an existing order from another state, an Idaho Court can hear issues such as failure to comply with an established order. An example of this would be if you have a child custody order from another state and your ex is moving and is present in Idaho. You come to Idaho to get your kids for visitation and your ex won't give them to you. You can go before an Idaho Court and even though the state does not have jurisdiction, you can have an Idaho Court enforce the order under the Uniform Child Protection Act.
As a Boise Divorce Lawyer, people often ask me if they can use that Act to modify their custody arrangements. The answer is no. If you are simply seeking to modify your custody order, you have to fulfill the ordinary jurisdictional requirements.
To speak with a Boise Divorce Lawyer or to find out more about divorce and child custody in Idaho please call (208) 472-2384 or visit www.divorceboiseid.com
Jurisdiction is what controls where and when you can file a complaint in a court. If you have moved to Idaho and have lived here for 6 weeks, for example, you can file for divorce, even if your spouse does not live in Idaho. Child custody can also be decided by a divorce court once jurisdiction has been established.
As a Boise Divorce Lawyer, I see cases, however, where the child custody issues can be addressed by an Idaho Court when jurisdiction has not been established. In cases where a child is present in Idaho and there is an existing order from another state, an Idaho Court can hear issues such as failure to comply with an established order. An example of this would be if you have a child custody order from another state and your ex is moving and is present in Idaho. You come to Idaho to get your kids for visitation and your ex won't give them to you. You can go before an Idaho Court and even though the state does not have jurisdiction, you can have an Idaho Court enforce the order under the Uniform Child Protection Act.
As a Boise Divorce Lawyer, people often ask me if they can use that Act to modify their custody arrangements. The answer is no. If you are simply seeking to modify your custody order, you have to fulfill the ordinary jurisdictional requirements.
To speak with a Boise Divorce Lawyer or to find out more about divorce and child custody in Idaho please call (208) 472-2384 or visit www.divorceboiseid.com
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