BOISE DIVORCE attorney
idaho divorce law
Getting a divorce in Idaho requires an understanding of the unique aspects of the law and procedure that individuals must comply with. The procedure requires specific filings with the court, strict deadlines that all parties must adhere to, and the mandatory disclosure of certain documents to the other party. Even if you are somewhat familiar with the requirements of Idaho Divorce Law, it is not advisable to go through a divorce case alone.
Idaho is a community property state. What that means is that when it comes to asset division, the court will attempt to divide the parties' property as close to a 50/50 division as possible. Essentially everything that a couple accumulate during a marriage is considered community property subject to equal division at the end of the marriage. This accumulation will continue until the two individuals are still legally married, including your income. So, even if the two of you are separated, without a divorce decree, the other person is still legally entitled to 50% of your income.
If you had property before the marriage, or acquired it after the marriage by inheritance, that property may not be subject to division with your spouse so long as you kept that property separate during the marriage. If, for example, you owned real property before you were married, but refinanced it with your spouse during the marriage, that real property would be divided during the marriage. However, so long as you kept the property separate during the marriage, that property would not be considered in the 50/50 split of assets during the marriage.
If you are concerned with how your assets will be divided between you and your spouse, it is imperative to contact a knowledgeable family law attorney as soon as possible. An experienced lawyer will be able to help you determine what is and what is not considered community property subject to disposition during your divorce proceeding.
Similar to asset division, the debts that you and your spouse accumulate during the marriage will be equally divided, unless there are certain circumstances that would justify an unequal distribution, because Idaho is a community property state.
Child Custody agreement
When a couple are going through a divorce, the parties must either come to an agreement on how they will share legal and physical custody of the minor children. During this process, if the parties do not agree, there are several options that may aid in the determination. First, they may go to mediation to see if a neutral third party can help the two sort out their issues and come to an agreed upon custody arrangement. Second, they can request a parenting time evaluation. This is where either the parties stipulate on an evaluator, or the court will appoint an evaluator, to meet with parties and the children, assess the overall situation, and prepare a formal opinion for the parties and the court to aid in the evaluation of what is in the best interests of the minor children. Third, in the appropriate circumstances, the parties may ask the court to independently meet with the minor child or children to ask relevant questions related to the custody arrangement.
Although the above mentioned avenues are available to the parties, the question that must be answered is "what is the in the best interests of the child or children." When answering this question, you must look at all the factors surrounding the parents, the parent's home, and the children. However, the court will specifically look at the following statutory 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, whether or not in the presence of the child or children at issue.
If you are in need of a Boise Child Custody Attorney, contact us to see what your options are and the best path forward.
The parents of a minor child are required to provide support for the minor child or children between them. In order to determine the correct amount that each party pays requires a detailed examination and calculation pursuant to the Idaho Child Support Guidelines. The Guidelines looks a numerous factors to determine who should pay who what. The factors that the court takes into account are 1) what each parent makes, 2) what percentage of the combined income each party makes, and 3) the percentage that each party has physical custody of the minor child or children.
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