Experienced Family Law Attorney
Handling Family Legal Matters for all of Idaho Including Boise and Nampa
Unfortunately, life sometimes does not turn out as we expect or hope. When life feels like it is spiraling out of control, hiring a family lawyer may not be the first thing you think about. Family issues, such as divorce or child custody, can be difficult to handle even in the best of circumstances. As such, having an experienced Idaho family law attorney by your side can certainly make the family law issue you are facing much easier to deal with. Legal issues which involve spouses or family members can be the most difficult to solve, leaving you feeling emotionally and financially battered, however having a knowledgeable, compassionate legal advocate in your corner can make a huge difference.
There are many types of family law issues, however the most common include:
- Child custody
- Visitation rights
- Termination of parental rights
- Child support payments
- Spousal support
- Domestic violence
- Civil protection orders
How Your Idaho Family Law Attorney Can Get You Through Your Divorce
While all these issues can be difficult to face, divorce can be particularly painful, and generally involves major life transitions for all those involved. In fact, divorce is not just a legal process, but includes major financial and emotional transitions as well. Those going through a divorce are often anxious about the future, particularly about how what happens in court can potentially alter that future. For most of us, divorce is an unknown, and the power of the unknown is significant. When you have a strong, compassionate Idaho family lawyer by your side, many of those fears can be successfully alleviated as your attorney provides the information you need to make the tough decisions you are facing.
Specifically, Idaho law allows a couple to divorce for the following reasons: a felony conviction, insanity, desertion, neglect, extreme cruelty, drunkenness, living apart without cohabitation for five years, adultery and irreconcilable differences. Idaho is a community property state, meaning when it comes to division of property, all assets which are acquired during the marriage will be divided as equally as possible during the divorce. Your specific situation will dictate whether spousal support is warranted or not, however your family law lawyer can help negotiate that issue so you either receive the spousal support you are entitled to, or, on the flip side, can ensure you are not paying an unfair amount of spousal support.
- Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses.
- Factors which may bear upon whether a division shall be equal, or the manner of division, include, but are not limited to:
- Duration of the marriage;
- Any prenuptial or antenuptial agreements;
- The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse;
- The needs of each spouse;
- Whether the one spouse is given property instead of alimony;
- The present and potential earning capability of each party; and
- Retirement benefits, including, but not limited to, social security, civil service, military and railroad retirement benefits.
The statute essentially provides that the court will take into account all relevant factors and determine the property distribution as equal as possible. However, we realize that property distribution in a divorce is not always “substantially equal.” Therefore, in order to get the best possible results, you need an attorney speaking for you so that you do not end up with the short end of the stick.
Whether you are trying to gain custody of your child while going through a divorce or after the fact, we are here to help. In each child custody case, the court will look to the best interests of the child.
The court has expressed the following factors that come into account when determining the best interest of the child:
- The wishes of the child’s parent or parents as to his or her custody
- The wishes of the child as to his or her custodian
- The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings
- The child’s adjustment to his or her home, school, and community
- The character and circumstances of all individuals involved
- The need to promote continuity and stability in the life of the child
- Domestic violence, whether or not in the presence of the child
This list is not exclusive. The court will take into account all factors in determining what is in the child’s best interest. Child custody issues are complex, but are also delicate matters. They involve decisions and actions that will affect your child for the rest of his or her life. Contact our offices to speak with an experienced family law attorney. We will be here for you during the process and guide you so that you get the best results possible.
Idaho adoption lawyer Joe Frick can help answer those questions and assist you and your family during this exciting time. He understands the particular concerns new adopting families have, and can help you address those concerns, while offering unwavering legal support throughout the entire adoption process.