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
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