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Boise Divorce Lawyer

Divorce Attorney Boise

Divorce Attorney Boise

If you need an aggressive Boise divorce lawyer, contact Joe Frick Law. We are aggressive and experienced family law attorneys in Boise ID.

If you need an aggressive Boise divorce lawyer to represent you in your case involving any type of family law issues, contact our office to see if we are the right fit to start and enter into an attorney client relationship which means we are committed to fighting for you whether that means you are looking to get the best possible child custody plan or need to fight your ex for the correct property division. We have some of the best family law attorneys in the treasure valley.

Many times people going through a divorce just want to move on with their lives and may not be looking for an all-out battle which is where our unique perspective as both trial lawyers and mediators comes into play. We can help you assess what is important to you in your case and build a strategy to get the best possible outcome whether that means fighting it out in court or working together to come to an agreement outside of court.

One of our recent clients just finished a family law case and had this to say about our legal counsel:

“Joe Frick Law was able to move quickly when I needed assistance during the holiday season. Thanks to my attorney, my case was resolved without the need of a lengthy, expensive court hearing.”

The first step is always a consultation to discuss your issue in depth with one of our family law attorneys, so please call us today to schedule yours.

At Joe Frick Law / Idaho Divorce Law Firm, we understand that divorce is a difficult time for everyone involved. We also know that it is important to have an experienced Boise divorce lawyer on your side who will fight for during the legal process.

Idaho Family Law Attorneys

Idaho Family Law Attorneys

We specialize in family law in Idaho which is a broad definition, but we generally handle divorce, child custody matters, child support, uncontested divorces, spousal support, and other family law matters throughout the entire treasure valley.

The divorce process is not easy. It is rather complicated and unless you hire the best divorce lawyers, you may be losing out on the custody arrangement that you deserve.

Property Division

Asset Division in Boise Divorce Cases

When you go through your divorce proceedings, you will necessarily have to handle the division of assets that were acquired during the marriage and will need proper legal guidance.

There are a number of issues that need to be addressed during the property division process whether that gets worked out through a neutral third party mediation process or it gets put in front of a judge and the court makes the decision.

There are things like the house that, if bought during the marriage, will get split 50/50 because it is community property.

Dividing a House in Family Law Cases

One of the big issues that come up in a divorce is who is going to get the house.

There are basically three scenarios that can happen when a house is involved in a divorce.

Your spouse gets the house and has to pay you an equalization payment

If there is any equity in the house, your spouse should have to pay you an equalization payment for your portion of the equity.

That is typically done through a refinance.

However, it can also be accomplished by getting awarded more of other property such as a house, retirement account, cash, travel trailer, or other significant asset.

The flip side to this is if the house is underwater. If there is negative equity in the house, and your spouse keeps the property in the divorce, he or she should be awarded more of other assets in the divorce.

You keep the house and give your spouse an equalization payment

If you want to keep the house, then you would have to give your spouse the equalization payment.

This typically occurs if you are the one taking care of the kids, have some sentimental attachment to the home, or the home is extremely close to your work and there are no other options available.

Sell the house and split the proceeds

This situation happens a lot when the parties can’t agree who should get the house or neither one of them wants it.

It will also happen a lot when the issue gets put before a judge and one of the spouses want the house.

In that scenario, the judge will order the sale of the house and split the proceeds 50/50.

The split of the proceeds and the payout of those proceeds also generally take into account the parties spousal or marital debts that should be paid off before either party gets any of the money. The court has the power to do that to put the parties in a better place financially going forward.

Other property division issues in the Divorce Process

However, there are other issues that will come up in the divorce process that are not as clear cut such as

  • Whether a personal injury settlement will have to be shared with your spouse
  • Whether one spouse will get repaid if the parties were living in one of the parties houses that is separate property
  • Who gets the dog
  • Whether one spouse should get more of the assets than the other and what factors come into play in that scenario
  • Whether some assets were gifts or not which may or may not entitle one spouse to a portion of the value of the asset.

All of those nuanced issues may cost you a ton of money after the divorce if you are not careful.

That is where seasoned, aggressive divorce lawyers come into play and can answer questions you may have during the case and make sure you don’t end up with less than you are entitled to.

Fault or No Fault Divorce

Idaho is a no fault divorce state. What that means is that you can either file a divorce for specific grounds such as adultery or extreme cruelty, or you can file a no fault divorce and just state that you and the filing spouse have irreconcilable differences which do not require fault of either spouse.

Uncontested Divorce Cases

In the no fault divorce situation, our divorce lawyers regularly handle uncontested divorces which mean that both parties agree on everything down to a T.

The parties do not fight over legal fees, spousal support, spousal maintenance, child custody, or any other legal issues that may come up during the process.

Child custody and child support are the bigger issues that can prevent this from happening as spouses regularly cannot agree on custody and child support because one of the spouses may want more time than the other or one of them does not want to pay child support.

But, with the help of a skilled divorce lawyer, or divorce lawyers if both of the spouses hire legal counsel or a law firm, then the parties can work through a collaborative divorces process to ensure they do not have to go through a lengthy court battle in Boise ID or nearby cities.

Call The Idaho Divorce Lawyer Today!

If you are considering a divorce in Boise or the surrounding areas, contact our office today for a consultation. We will go over your case with you and help educate you on the process and what to expect so that there are no surprises along the way. Our goal is to make sure that your constitutional rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

Child Custody

Child Custody Lawyer in Boise

Child custody is one of the biggest family law issues that couples have to work through when they are going through divorce proceedings.

The child custody issue may come up in the future as well because a child custody order can get modified in the future if there are serious and permanent changes that occur with the parents or the children.

There are two types of custody that the parents can work out: physical and legal.

Physical custody

This is who the children will live with and when.

Generally, even if the parent share 50/50 custody, one of the parents will be deemed as the primary physical custodian, which can be a title with not much meaning especially if the children and the parents all live in the same city and school district.

However, if there is a big dispute later on, this can have a huge impact on things such as when one of the parents decide to move or there is a dispute or disagreement on where the kids will go to school. This is where a divorce attorney comes in handy.

Best Interests of the Children Factors

There are a few factors that the court will look at when making a decision on child custody:

The wishes of the children.

There is no bright line on what age a child can make a decision on who to live with.

Further, the court will never make a decision solely on what the child wants no matter his or her age. Moreover, when, and if, you want to move forward with a custody modification in the future, a child’s wishes is not a big enough change, on its own, to modify the custody order.

The wishes of the parents.

This is one of the big hot button items that will make your family law case unable to resolve before trial because each parent typically believes that they are the better parent and wants the children to be in his or her care more.

The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings.

This goes a long way when courts are considering who gets the kids and when.

One thing that may be the deciding factor when the court looks at this issue is a parenting time evaluation where an evaluator will look at all the issues and give the court an opinion regarding these best interest factors.

The child’s adjustment to his or her home, school, and community.

This is a really important factor considering how much stability factors into a child’s life.

A change in any of these areas can be really tough for some kids and the court will look at that when making a decision on custody.

The mental and physical health of all individuals involved.

Courts do not want to put children in the middle of two parents with serious mental health issues or drug/alcohol problems.

The goal is always to protect the children from anything that could possibly harm them.

The nature and amount of contact with persons who are not subject to the custody order.

This means if one parent is introducing the children to his or her new boyfriend or girlfriend before the divorce is even finalized, that will have a negative impact on that parent’s result at the end of the divorce case.

This issue has less relevance over time as one of the parents has the relationship with the other person, but introducing the parent’s significant other too early in the process may jeopardize your chances.

The character and circumstances of all individuals involved.

Courts want to ensure that the children are safe and not being put in a situation where there is any type of abuse going on.

There are many other factors that courts will look at when making a decision on child custody.

If you are currently going through a divorce, or are considering it, and have children, it is important to speak with an experienced family law attorney to ensure that your rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

The need to promote continuity and stability in the life of the child.

This is one of the most important factors that courts look at when making a decision on child custody.

If the child has been in the same school since kindergarten and has all his or her friends there, the court is going to be hesitant to make a change that would uproot the child from everything he or she knows.

The ability and willingness of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.

Courts want to see that both parents are going to be able to co-parent and put their differences aside for the sake of the children during the divorce cases.

If one parent is constantly bad mouthing the other parent in front of the kids or trying to turn them against the other one, that is something the court will look at.

It is important to speak with an experienced Boise divorce attorney so that you know what you are getting in to regarding your family law issues and the best steps moving forward. Family law is a specialized area where you need someone who know what they are talking about.

Domestic violence, where or not it happened in the present of the children.

This is a factor that the court will look at when making a decision on child custody.

If there is a history of domestic violence, the court is going to be hesitant to award joint custody or give the abusive parent any type of visitation schedule.

The court will want to ensure that the children are in a safe and stable environment and that they are not going to be put in any danger.

In our law firm, we take into account the law and the statutes that are currently in place. The law takes domestic very seriously when deciding the issue of child custody in Boise ID.

Physical Custody in the Child Support Decision

The physical custody will also play an important role in the child support calculation in the treasure valley because the percentage of overnights that each parent will receive has a big impact on how much, or how little, must be paid.

Divorce lawyers in Boise will be able to help you calculate the correct amount of child support so that you are getting what your are entitled to or not overpaying if your spouse is attempting to say you make more than you actually do.

The ability of each parent to provide the child with food, clothing, medical care, and other necessary basic support.

This is a factor that courts will look at when making a decision on child custody. If one parent is not working or is underemployed, that is going to impact his or her ability to provide for the needs of the child.

The court is going to want to ensure that the children are being taken care of and that they have everything they need.

This is especially true when one of the parents is unable to provide the family with adequate accommodations/housing for the children and it would place the children at risk of neglect, abuse, or going without in Boise.

Legal custody

This is who gets to make the decisions for the children.

This includes decisions on education, medical care, and extracurricular activities.

If the parents share joint legal custody, they will need to communicate with each other and make these decisions together.

However, if one parent has sole legal custody, that parent can make those decisions without consulting the other parent.

This is typically one of the hotly contested issues that will is litigated and fought over in divorce cases.

Child Support

Child support is the financial contribution that one of the parents makes to help with the costs of raising the child.

In Idaho, child support is calculated using a formula that takes into account the income of both parents, the number of children, and the amount of time each parent spends with the children.

The court will also look at other factors, such as whether one parent pays for health insurance or childcare, when making a decision on child support.

It is important to speak with an experienced divorce attorney to ensure that your rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

Contact us Today for your Consultation!

Call our office today to schedule a consultation.

Our family law practice includes attorneys that specialize in the areas of divorce, contested issues in child custody, representing you and your family with your legal need, and any other issue related to your divorce in Boise, ID.

Divorce Attorney Boise

Divorce Attorney Boise

If you need an aggressive Boise divorce lawyer, contact Joe Frick Law. We are aggressive and experienced family law attorneys in Boise ID.

If you need an aggressive Boise divorce lawyer to represent you in your case involving any type of family law issues, contact our office to see if we are the right fit to start and enter into an attorney client relationship which means we are committed to fighting for you whether that means you are looking to get the best possible child custody plan or need to fight your ex for the correct property division. We have some of the best family law attorneys in the treasure valley.

Many times people going through a divorce just want to move on with their lives and may not be looking for an all-out battle which is where our unique perspective as both trial lawyers and mediators comes into play. We can help you assess what is important to you in your case and build a strategy to get the best possible outcome whether that means fighting it out in court or working together to come to an agreement outside of court.

One of our recent clients just finished a family law case and had this to say about our legal counsel:

“Joe Frick Law was able to move quickly when I needed assistance during the holiday season. Thanks to my attorney, my case was resolved without the need of a lengthy, expensive court hearing.”

The first step is always a consultation to discuss your issue in depth with one of our family law attorneys, so please call us today to schedule yours.

At Joe Frick Law / Idaho Divorce Law Firm, we understand that divorce is a difficult time for everyone involved. We also know that it is important to have an experienced Boise divorce lawyer on your side who will fight for during the legal process.

Idaho Family Law Attorneys

Idaho Family Law Attorneys

We specialize in family law in Idaho which is a broad definition, but we generally handle divorce, child custody matters, child support, uncontested divorces, spousal support, and other family law matters throughout the entire treasure valley.

The divorce process is not easy. It is rather complicated and unless you hire the best divorce lawyers, you may be losing out on the custody arrangement that you deserve.

Property Division

Asset Division in Boise Divorce Cases

When you go through your divorce proceedings, you will necessarily have to handle the division of assets that were acquired during the marriage and will need proper legal guidance.

There are a number of issues that need to be addressed during the property division process whether that gets worked out through a neutral third party mediation process or it gets put in front of a judge and the court makes the decision.

There are things like the house that, if bought during the marriage, will get split 50/50 because it is community property.

Dividing a House in Family Law Cases

One of the big issues that come up in a divorce is who is going to get the house.

There are basically three scenarios that can happen when a house is involved in a divorce.

Your spouse gets the house and has to pay you an equalization payment

If there is any equity in the house, your spouse should have to pay you an equalization payment for your portion of the equity.

That is typically done through a refinance.

However, it can also be accomplished by getting awarded more of other property such as a house, retirement account, cash, travel trailer, or other significant asset.

The flip side to this is if the house is underwater. If there is negative equity in the house, and your spouse keeps the property in the divorce, he or she should be awarded more of other assets in the divorce.

You keep the house and give your spouse an equalization payment

If you want to keep the house, then you would have to give your spouse the equalization payment.

This typically occurs if you are the one taking care of the kids, have some sentimental attachment to the home, or the home is extremely close to your work and there are no other options available.

Sell the house and split the proceeds

This situation happens a lot when the parties can’t agree who should get the house or neither one of them wants it.

It will also happen a lot when the issue gets put before a judge and one of the spouses want the house.

In that scenario, the judge will order the sale of the house and split the proceeds 50/50.

The split of the proceeds and the payout of those proceeds also generally take into account the parties spousal or marital debts that should be paid off before either party gets any of the money. The court has the power to do that to put the parties in a better place financially going forward.

Other property division issues in the Divorce Process

However, there are other issues that will come up in the divorce process that are not as clear cut such as

  • Whether a personal injury settlement will have to be shared with your spouse
  • Whether one spouse will get repaid if the parties were living in one of the parties houses that is separate property
  • Who gets the dog
  • Whether one spouse should get more of the assets than the other and what factors come into play in that scenario
  • Whether some assets were gifts or not which may or may not entitle one spouse to a portion of the value of the asset.

All of those nuanced issues may cost you a ton of money after the divorce if you are not careful.

That is where seasoned, aggressive divorce lawyers come into play and can answer questions you may have during the case and make sure you don’t end up with less than you are entitled to.

Fault or No Fault Divorce

Idaho is a no fault divorce state. What that means is that you can either file a divorce for specific grounds such as adultery or extreme cruelty, or you can file a no fault divorce and just state that you and the filing spouse have irreconcilable differences which do not require fault of either spouse.

Uncontested Divorce Cases

In the no fault divorce situation, our divorce lawyers regularly handle uncontested divorces which mean that both parties agree on everything down to a T.

The parties do not fight over legal fees, spousal support, spousal maintenance, child custody, or any other legal issues that may come up during the process.

Child custody and child support are the bigger issues that can prevent this from happening as spouses regularly cannot agree on custody and child support because one of the spouses may want more time than the other or one of them does not want to pay child support.

But, with the help of a skilled divorce lawyer, or divorce lawyers if both of the spouses hire legal counsel or a law firm, then the parties can work through a collaborative divorces process to ensure they do not have to go through a lengthy court battle in Boise ID or nearby cities.

Call The Idaho Divorce Lawyer Today!

If you are considering a divorce in Boise or the surrounding areas, contact our office today for a consultation. We will go over your case with you and help educate you on the process and what to expect so that there are no surprises along the way. Our goal is to make sure that your constitutional rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

Child Custody

Child Custody Lawyer in Boise

Child custody is one of the biggest family law issues that couples have to work through when they are going through divorce proceedings.

The child custody issue may come up in the future as well because a child custody order can get modified in the future if there are serious and permanent changes that occur with the parents or the children.

There are two types of custody that the parents can work out: physical and legal.

Physical custody

This is who the children will live with and when.

Generally, even if the parent share 50/50 custody, one of the parents will be deemed as the primary physical custodian, which can be a title with not much meaning especially if the children and the parents all live in the same city and school district.

However, if there is a big dispute later on, this can have a huge impact on things such as when one of the parents decide to move or there is a dispute or disagreement on where the kids will go to school. This is where a divorce attorney comes in handy.

Best Interests of the Children Factors

There are a few factors that the court will look at when making a decision on child custody:

The wishes of the children.

There is no bright line on what age a child can make a decision on who to live with.

Further, the court will never make a decision solely on what the child wants no matter his or her age. Moreover, when, and if, you want to move forward with a custody modification in the future, a child’s wishes is not a big enough change, on its own, to modify the custody order.

The wishes of the parents.

This is one of the big hot button items that will make your family law case unable to resolve before trial because each parent typically believes that they are the better parent and wants the children to be in his or her care more.

The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings.

This goes a long way when courts are considering who gets the kids and when.

One thing that may be the deciding factor when the court looks at this issue is a parenting time evaluation where an evaluator will look at all the issues and give the court an opinion regarding these best interest factors.

The child’s adjustment to his or her home, school, and community.

This is a really important factor considering how much stability factors into a child’s life.

A change in any of these areas can be really tough for some kids and the court will look at that when making a decision on custody.

The mental and physical health of all individuals involved.

Courts do not want to put children in the middle of two parents with serious mental health issues or drug/alcohol problems.

The goal is always to protect the children from anything that could possibly harm them.

The nature and amount of contact with persons who are not subject to the custody order.

This means if one parent is introducing the children to his or her new boyfriend or girlfriend before the divorce is even finalized, that will have a negative impact on that parent’s result at the end of the divorce case.

This issue has less relevance over time as one of the parents has the relationship with the other person, but introducing the parent’s significant other too early in the process may jeopardize your chances.

The character and circumstances of all individuals involved.

Courts want to ensure that the children are safe and not being put in a situation where there is any type of abuse going on.

There are many other factors that courts will look at when making a decision on child custody.

If you are currently going through a divorce, or are considering it, and have children, it is important to speak with an experienced family law attorney to ensure that your rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

The need to promote continuity and stability in the life of the child.

This is one of the most important factors that courts look at when making a decision on child custody.

If the child has been in the same school since kindergarten and has all his or her friends there, the court is going to be hesitant to make a change that would uproot the child from everything he or she knows.

The ability and willingness of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.

Courts want to see that both parents are going to be able to co-parent and put their differences aside for the sake of the children during the divorce cases.

If one parent is constantly bad mouthing the other parent in front of the kids or trying to turn them against the other one, that is something the court will look at.

It is important to speak with an experienced Boise divorce attorney so that you know what you are getting in to regarding your family law issues and the best steps moving forward. Family law is a specialized area where you need someone who know what they are talking about.

Domestic violence, where or not it happened in the present of the children.

This is a factor that the court will look at when making a decision on child custody.

If there is a history of domestic violence, the court is going to be hesitant to award joint custody or give the abusive parent any type of visitation schedule.

The court will want to ensure that the children are in a safe and stable environment and that they are not going to be put in any danger.

In our law firm, we take into account the law and the statutes that are currently in place. The law takes domestic very seriously when deciding the issue of child custody in Boise ID.

Physical Custody in the Child Support Decision

The physical custody will also play an important role in the child support calculation in the treasure valley because the percentage of overnights that each parent will receive has a big impact on how much, or how little, must be paid.

Divorce lawyers in Boise will be able to help you calculate the correct amount of child support so that you are getting what your are entitled to or not overpaying if your spouse is attempting to say you make more than you actually do.

The ability of each parent to provide the child with food, clothing, medical care, and other necessary basic support.

This is a factor that courts will look at when making a decision on child custody. If one parent is not working or is underemployed, that is going to impact his or her ability to provide for the needs of the child.

The court is going to want to ensure that the children are being taken care of and that they have everything they need.

This is especially true when one of the parents is unable to provide the family with adequate accommodations/housing for the children and it would place the children at risk of neglect, abuse, or going without in Boise.

Legal custody

This is who gets to make the decisions for the children.

This includes decisions on education, medical care, and extracurricular activities.

If the parents share joint legal custody, they will need to communicate with each other and make these decisions together.

However, if one parent has sole legal custody, that parent can make those decisions without consulting the other parent.

This is typically one of the hotly contested issues that will is litigated and fought over in divorce cases.

Child Support

Child support is the financial contribution that one of the parents makes to help with the costs of raising the child.

In Idaho, child support is calculated using a formula that takes into account the income of both parents, the number of children, and the amount of time each parent spends with the children.

The court will also look at other factors, such as whether one parent pays for health insurance or childcare, when making a decision on child support.

It is important to speak with an experienced divorce attorney to ensure that your rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

Contact us Today for your Consultation!

Call our office today to schedule a consultation.

Our family law practice includes attorneys that specialize in the areas of divorce, contested issues in child custody, representing you and your family with your legal need, and any other issue related to your divorce in Boise, ID.

divorce lawyer in idaho

Divorce Attorney Boise

Divorce Attorney Boise

If you need an aggressive Boise divorce lawyer, contact Joe Frick Law. We are aggressive and experienced family law attorneys in Boise ID.

If you need an aggressive Boise divorce lawyer to represent you in your case involving any type of family law issues, contact our office to see if we are the right fit to start and enter into an attorney client relationship which means we are committed to fighting for you whether that means you are looking to get the best possible child custody plan or need to fight your ex for the correct property division. We have some of the best family law attorneys in the treasure valley.

Many times people going through a divorce just want to move on with their lives and may not be looking for an all-out battle which is where our unique perspective as both trial lawyers and mediators comes into play. We can help you assess what is important to you in your case and build a strategy to get the best possible outcome whether that means fighting it out in court or working together to come to an agreement outside of court.

One of our recent clients just finished a family law case and had this to say about our legal counsel:

“Joe Frick Law was able to move quickly when I needed assistance during the holiday season. Thanks to my attorney, my case was resolved without the need of a lengthy, expensive court hearing.”

The first step is always a consultation to discuss your issue in depth with one of our family law attorneys, so please call us today to schedule yours.

At Joe Frick Law / Idaho Divorce Law Firm, we understand that divorce is a difficult time for everyone involved. We also know that it is important to have an experienced Boise divorce lawyer on your side who will fight for during the legal process.

Idaho Family Law Attorneys

Idaho Family Law Attorneys

We specialize in family law in Idaho which is a broad definition, but we generally handle divorce, child custody matters, child support, uncontested divorces, spousal support, and other family law matters throughout the entire treasure valley.

The divorce process is not easy. It is rather complicated and unless you hire the best divorce lawyers, you may be losing out on the custody arrangement that you deserve.

Property Division

Asset Division in Boise Divorce Cases

When you go through your divorce proceedings, you will necessarily have to handle the division of assets that were acquired during the marriage and will need proper legal guidance.

There are a number of issues that need to be addressed during the property division process whether that gets worked out through a neutral third party mediation process or it gets put in front of a judge and the court makes the decision.

There are things like the house that, if bought during the marriage, will get split 50/50 because it is community property.

Dividing a House in Family Law Cases

One of the big issues that come up in a divorce is who is going to get the house.

There are basically three scenarios that can happen when a house is involved in a divorce.

Your spouse gets the house and has to pay you an equalization payment

If there is any equity in the house, your spouse should have to pay you an equalization payment for your portion of the equity.

That is typically done through a refinance.

However, it can also be accomplished by getting awarded more of other property such as a house, retirement account, cash, travel trailer, or other significant asset.

The flip side to this is if the house is underwater. If there is negative equity in the house, and your spouse keeps the property in the divorce, he or she should be awarded more of other assets in the divorce.

You keep the house and give your spouse an equalization payment

If you want to keep the house, then you would have to give your spouse the equalization payment.

This typically occurs if you are the one taking care of the kids, have some sentimental attachment to the home, or the home is extremely close to your work and there are no other options available.

Sell the house and split the proceeds

This situation happens a lot when the parties can’t agree who should get the house or neither one of them wants it.

It will also happen a lot when the issue gets put before a judge and one of the spouses want the house.

In that scenario, the judge will order the sale of the house and split the proceeds 50/50.

The split of the proceeds and the payout of those proceeds also generally take into account the parties spousal or marital debts that should be paid off before either party gets any of the money. The court has the power to do that to put the parties in a better place financially going forward.

Other property division issues in the Divorce Process

However, there are other issues that will come up in the divorce process that are not as clear cut such as

  • Whether a personal injury settlement will have to be shared with your spouse
  • Whether one spouse will get repaid if the parties were living in one of the parties houses that is separate property
  • Who gets the dog
  • Whether one spouse should get more of the assets than the other and what factors come into play in that scenario
  • Whether some assets were gifts or not which may or may not entitle one spouse to a portion of the value of the asset.

All of those nuanced issues may cost you a ton of money after the divorce if you are not careful.

That is where seasoned, aggressive divorce lawyers come into play and can answer questions you may have during the case and make sure you don’t end up with less than you are entitled to.

Fault or No Fault Divorce

Idaho is a no fault divorce state. What that means is that you can either file a divorce for specific grounds such as adultery or extreme cruelty, or you can file a no fault divorce and just state that you and the filing spouse have irreconcilable differences which do not require fault of either spouse.

Uncontested Divorce Cases

In the no fault divorce situation, our divorce lawyers regularly handle uncontested divorces which mean that both parties agree on everything down to a T.

The parties do not fight over legal fees, spousal support, spousal maintenance, child custody, or any other legal issues that may come up during the process.

Child custody and child support are the bigger issues that can prevent this from happening as spouses regularly cannot agree on custody and child support because one of the spouses may want more time than the other or one of them does not want to pay child support.

But, with the help of a skilled divorce lawyer, or divorce lawyers if both of the spouses hire legal counsel or a law firm, then the parties can work through a collaborative divorces process to ensure they do not have to go through a lengthy court battle in Boise ID or nearby cities.

Call The Idaho Divorce Lawyer Today!

If you are considering a divorce in Boise or the surrounding areas, contact our office today for a consultation. We will go over your case with you and help educate you on the process and what to expect so that there are no surprises along the way. Our goal is to make sure that your constitutional rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

Child Custody

Child Custody Lawyer in Boise

Child custody is one of the biggest family law issues that couples have to work through when they are going through divorce proceedings.

The child custody issue may come up in the future as well because a child custody order can get modified in the future if there are serious and permanent changes that occur with the parents or the children.

There are two types of custody that the parents can work out: physical and legal.

Physical custody

This is who the children will live with and when.

Generally, even if the parent share 50/50 custody, one of the parents will be deemed as the primary physical custodian, which can be a title with not much meaning especially if the children and the parents all live in the same city and school district.

However, if there is a big dispute later on, this can have a huge impact on things such as when one of the parents decide to move or there is a dispute or disagreement on where the kids will go to school. This is where a divorce attorney comes in handy.

Best Interests of the Children Factors

There are a few factors that the court will look at when making a decision on child custody:

The wishes of the children.

There is no bright line on what age a child can make a decision on who to live with.

Further, the court will never make a decision solely on what the child wants no matter his or her age. Moreover, when, and if, you want to move forward with a custody modification in the future, a child’s wishes is not a big enough change, on its own, to modify the custody order.

The wishes of the parents.

This is one of the big hot button items that will make your family law case unable to resolve before trial because each parent typically believes that they are the better parent and wants the children to be in his or her care more.

The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings.

This goes a long way when courts are considering who gets the kids and when.

One thing that may be the deciding factor when the court looks at this issue is a parenting time evaluation where an evaluator will look at all the issues and give the court an opinion regarding these best interest factors.

The child’s adjustment to his or her home, school, and community.

This is a really important factor considering how much stability factors into a child’s life.

A change in any of these areas can be really tough for some kids and the court will look at that when making a decision on custody.

The mental and physical health of all individuals involved.

Courts do not want to put children in the middle of two parents with serious mental health issues or drug/alcohol problems.

The goal is always to protect the children from anything that could possibly harm them.

The nature and amount of contact with persons who are not subject to the custody order.

This means if one parent is introducing the children to his or her new boyfriend or girlfriend before the divorce is even finalized, that will have a negative impact on that parent’s result at the end of the divorce case.

This issue has less relevance over time as one of the parents has the relationship with the other person, but introducing the parent’s significant other too early in the process may jeopardize your chances.

The character and circumstances of all individuals involved.

Courts want to ensure that the children are safe and not being put in a situation where there is any type of abuse going on.

There are many other factors that courts will look at when making a decision on child custody.

If you are currently going through a divorce, or are considering it, and have children, it is important to speak with an experienced family law attorney to ensure that your rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

The need to promote continuity and stability in the life of the child.

This is one of the most important factors that courts look at when making a decision on child custody.

If the child has been in the same school since kindergarten and has all his or her friends there, the court is going to be hesitant to make a change that would uproot the child from everything he or she knows.

The ability and willingness of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.

Courts want to see that both parents are going to be able to co-parent and put their differences aside for the sake of the children during the divorce cases.

If one parent is constantly bad mouthing the other parent in front of the kids or trying to turn them against the other one, that is something the court will look at.

It is important to speak with an experienced Boise divorce attorney so that you know what you are getting in to regarding your family law issues and the best steps moving forward. Family law is a specialized area where you need someone who know what they are talking about.

Domestic violence, where or not it happened in the present of the children.

This is a factor that the court will look at when making a decision on child custody.

If there is a history of domestic violence, the court is going to be hesitant to award joint custody or give the abusive parent any type of visitation schedule.

The court will want to ensure that the children are in a safe and stable environment and that they are not going to be put in any danger.

In our law firm, we take into account the law and the statutes that are currently in place. The law takes domestic very seriously when deciding the issue of child custody in Boise ID.

Physical Custody in the Child Support Decision

The physical custody will also play an important role in the child support calculation in the treasure valley because the percentage of overnights that each parent will receive has a big impact on how much, or how little, must be paid.

Divorce lawyers in Boise will be able to help you calculate the correct amount of child support so that you are getting what your are entitled to or not overpaying if your spouse is attempting to say you make more than you actually do.

The ability of each parent to provide the child with food, clothing, medical care, and other necessary basic support.

This is a factor that courts will look at when making a decision on child custody. If one parent is not working or is underemployed, that is going to impact his or her ability to provide for the needs of the child.

The court is going to want to ensure that the children are being taken care of and that they have everything they need.

This is especially true when one of the parents is unable to provide the family with adequate accommodations/housing for the children and it would place the children at risk of neglect, abuse, or going without in Boise.

Legal custody

This is who gets to make the decisions for the children.

This includes decisions on education, medical care, and extracurricular activities.

If the parents share joint legal custody, they will need to communicate with each other and make these decisions together.

However, if one parent has sole legal custody, that parent can make those decisions without consulting the other parent.

This is typically one of the hotly contested issues that will is litigated and fought over in divorce cases.

Child Support

Child support is the financial contribution that one of the parents makes to help with the costs of raising the child.

In Idaho, child support is calculated using a formula that takes into account the income of both parents, the number of children, and the amount of time each parent spends with the children.

The court will also look at other factors, such as whether one parent pays for health insurance or childcare, when making a decision on child support.

It is important to speak with an experienced divorce attorney to ensure that your rights are protected every step of the way and that we zealously advocate for you to ensure you get the best possible outcome in your family law case.

Contact us Today for your Consultation!

Call our office today to schedule a consultation.

Our family law practice includes attorneys that specialize in the areas of divorce, contested issues in child custody, representing you and your family with your legal need, and any other issue related to your divorce in Boise, ID.