Aggressive Divorce Attorneys for Your Case

When it comes to Idaho divorce law, having the right lawyer is one of the most decisions you can make to ensure you get the best possible results. It could determine whether you get the parenting plan you want or you don't get your kids on Christmas. Whether you get the house or are kicked out on the street.

Who we are

At Joe Frick Law, our experienced divorce attorneys are skilled in all aspects of family law and will provide you with the best legal representation possible.

We understand that going through a divorce can be difficult and stressful, so we’re committed to providing compassionate support while helping you navigate this process. We have helped hundreds and hundreds of people go through this stressful process and do what it takes to get the job done.

Idaho Divorce Law in General

Divorce suits can involve a variety of legal issues including division of assets, child custody, visitation rights, and child support payments. Our lawyers have an in-depth knowledge of Idaho laws pertaining to these matters and can work on your behalf throughout each step of your case.

One thing that needs to be addressed at the very beginning is where to file the divorce case. According to the rules, the family law case must be filed in the county where the Defendant resides even if you do not live there anymore.

If you file the case in the wrong county, don't worry, it can be fixed. However, there is just a little more leg work to complete such as asking the court to move the case where it should have been filed. This will put the case on hold, but it won't get kicked out altogether.

Other Family Law Issues

There are a numerous number of other issues when dealing with family law matters regarding the rules such as:

• what has to be filed with the petition for divorce
• do you have to get your marriage license
• did your spouse adopt children from a prior marriage
• will I have to go to mediation
• once I am divorced, do I have to change my name
• what important decisions do I have to make to put in the petition for divorce
• will the divorce be published in the newspaper for the entire Treasure Valley to see
• will I have to show up for court

Do not worry, our Idaho divorce lawyers are here to help you along each step of the way and walk you through each family law issue.

Grounds for Divorce

When deciding on the divorce, you need to decide if you are going to pursue a no fault divorce or allege one of the several grounds that Idaho provides for. Generally, most people pursue the divorce based on irreconcilable differences.

However, you can assert a ground for divorce.

Fault divorce

Idaho provides for the following grounds other than irreconcilable differences:

• Adultery.
• Extreme cruelty.
• Wilful desertion.
• Wilful neglect.
• Habitual intemperance.
• Conviction of felony.
• When either the husband or wife has become permanently insane, as provided in sections 32-801 to 32-805, inclusive.

One thing to keep in mind and when you are seeking legal guidance on this issue is that if you do allege one of the above grounds, you have to show the evidence in your Boise divorce case. Sometimes, the burden is rather high, especially for adultery claims.

Uncontested Divorce

If you and your spouse have come to an agreement on all the issues involved, an uncontested divorce may be the way to go. However, I mean everything has to be agreed on, including:

• Whether one of the individuals will pay spousal support
• Whether you will attend divorce mediation
• Who will pay for the divorce attorney
• the parenting plan for the minor children
• Who will pay child support and how much
• if you are going into a military divorce, will one party be entitled to the other's retirement
• Will adoption proceedings be needed if there are minor children from a previous relationship
• What contested issues need to be addressed
• Who will be the "filing spouse"
• When you are divorced, will one party go back their prior name
• Are there any circumstances that should be put into the parenting plan

As you can see, uncontested divorces are not common family law cases due to the broad range of issues that must be agreed on. Your divorce lawyer will be able to help to determine if that is available.

Division of Assets

In cases involving asset division, our team will ensure that what is rightfully yours remains yours during the proceedings. In Idaho, the courts follow community property laws which means that the judge in your family law case will generally divide the property as close to 50/50 as possible.

However, there are circumstances where the divorce case will enable one spouse to receive more of the property than the other. Your divorce lawyer will be able to analyze whether that is possible in your family law matter.

Idaho Child Custody

We’ll also ensure that your child custody rights are protected and will work to get the best outcome possible in terms of visitation rights and child support payments.

When it comes to Idaho family law, our lawyers strive to be mindful of what is in the best interest of the child involved in these proceedings. We understand how difficult custody decisions can be for all parties involved, so we use a variety of factors such as home environment, mental health considerations and educational needs when helping determine parental responsibility. Our attorneys are committed to working with you to make sure that your children's needs are taken into account throughout all stages of legal proceedings.

Best Interests of the Child

When the court is looking at the best interests in your divorce case, the judge will review the following factors:

• 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; and
• Domestic violence

Child support

Along with child custody, the court will look at child support during your family law case. Idaho has set guidelines on how much one parent will have to pay. One of the main factors is how much child custody both parents have. The other main factor is the income of both parties during the marriage and what it will be after the two of you are divorced. This matter may be one of the reasons you will need legal services from a divorce attorney.

Spousal Support

When going through the divorce or working through the divorce mediation, you will have to see if spousal support is available to either spouse. In Idaho, it is rather hard to be awarded to one of the spouses. The court will decide the issue based on a test to determine if one of the spouses cannot meet their reasonable monthly living expenses. If they cannot, then, and only then, will the court determine how much one of the spouses should get and for how long. Your divorce attorney can walk you through that process.

Contact Us Today

At Joe Frick Law, we believe everyone should have access to quality legal representation regardless of their financial situation. We offer free initial consultations to all of our clients and provide personalized payment plans tailored to the needs of each individual case.

If you are in need of an aggressive divorce lawyer or a child custody attorney, contact us today at Joe Frick Law. Our experienced attorneys are here to help you navigate your legal proceedings with compassion, understanding and dedication. Together, we can work towards achieving the best possible outcome for you and your family.