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
Tuesday, January 11, 2011
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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