Boise Divorce Attorney
Divorces with minor children
In Idaho, divorces with minor children are the most complicated. The Court will always look at what is in the best interests of the children which is an all inclusive analysis that takes into account things such as:
- The wishes of the parents;
- The wishes of the children as to who they want to stay with;
- The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
- The children’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
- whether there has been any domestic violence involving the parties or the children.
One of the common questions we get is how do the children get to express their wishes. There are several options. First, it is up to the court, but if the child is deemed old and mature enough, the court can interview the children to see what they want. Second, we could ask for a brief focused assessment or a full blown parenting time evaluation. Either of those options involve a mental health professional interviewing the children about the situation and what they want. After the mental health professional has completed his or her evaluation, he or she will prepare a report for the court to explain their findings and make a recommendation.
Child Custody and Child Support in Boise
Deciding where your children will live, how you will make major decisions about their health and education with your former spouse and figuring out how to allocate financial responsibility are likely to comprise a large part of your divorce case.
How do you separate marital assets in Idaho?
Idaho is a community property state. In a Boise divorce, assets acquired during the marriage are presumed to belong equally to each spouse and will be divided 50-50 when a couple decides to divorce. This does not mean that every bank account will be split down the middle, or that the marital home must be sold so the profits can be divided evenly. What it does mean is that the value of the property awarded to each spouse must be essentially equal. How this is calculated can happen in a number of different ways.
How is Alimony calculated in the state of Idaho?
Spousal maintenance, often called alimony, is not automatically awarded in a Boise divorce. An award of alimony will be determined on the basis of a number of factors, including the age and health of each spouse, the length of the marriage, the level of financial need of the recipient spouse in order to maintain their standard of living, and the ability of the payor spouse to pay based on their income and assets. If you share minor children with your former spouse, child support may be taken into account in a determination of alimony, and alimony may be a factor in calculating child support.
What is the process of going through a divorce in Boise?
If you and your former spouse are able to agree on custody, support, and asset division, you can move forward with an uncontested divorce in Boise. You may choose to utilize the Ada County District Court’s mediation services and retain a Boise divorce attorney to review the mediated agreement to ensure it is proper and in the best interests of you and your children, if applicable. Or, your Boise divorce lawyer may be able to negotiate a reasonable settlement of all of the issues with your spouse’s attorney. This is the most cost-effective way to proceed during divorce.
If there are major issues in your Boise divorce like domestic violence or substance abuse on the part of one spouse, or if you and your spouse simply cannot resolve major disagreements, you may have to proceed with a contested divorce. Your Boise divorce attorney will file motions with the court and your spouse’s attorney will do the same, and while you wait for a final hearing or “trial” you may have to appear in court so a judge can make temporary decisions related to custody of your children, child support, or spousal support. Our Boise divorce law firm is experienced both in mediated divorce and in appearing in court on behalf of divorcing clients. If you are considering divorce, call our office today at 208-900-6313 for a consultation.