Thursday, March 31, 2011

Boise Divorce Attorney - Boise Family Law Lawyers - Boise Custody Attorneys Lawyer - Community Property

Boise Divorce Attorney, Boise Family Law Lawyers, Boise Custody Attorneys, Idaho Lawyer, call (208) 472-2383, divorce, custody, child support, modification, termination, adoption, domestic violence and all family law issues in Idaho.

For Boise Divorce Attorneys, community property is a way of life. If you practice as a Boise Divorce Attorney you are intricately familiar with the Idaho Code sections involving domestic relations.

As a Boise Divorce Attorney I often get phones calls from people in the middle of a marital dispute. Sometimes they have criminal law issues such as domestic violence but sometimes the criminal law issues actually require the help of a Boise Criminal Lawyer. When community property is destroyed by one party or the other, a criminal action may be filed. The destruction of community property falls under the Idaho Code regulating malicious injury to property and trespass. Boise Criminal Lawyers often see this statute in the context of a divorce situation.

Malicious destruction of community property carries the same criminal penalty as when the crime involves property outside a marriage and divorce context. It is divided into either a misdemeanor or a felony crime and is dependent upon the value of the property.

If you have a divorce issue or a criminal law issue and you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383.

Divorce Attorneys in Boise - Idaho Family Law Lawyers - Custody Attorney Paternity Lawyer - Paternity Determination

Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, call (208) 472-2383, divorce, custody, paternity, child support, modification, visitation, adoption, termination, domestic violence and all family law issues.

As a Boise Divorce Attorney when dealing with divorce or custody cases, the issue of paternity often comes up. There are many reasons why a Boise Divorce Attorney may want to establish or disestablish paternity. Child support and visitation are the most common reasons why Boise Divorce Attorneys request that paternity testing is done. Divorce Lawyers in Boise also deal with establishing paternity in relation to the Idaho Department of Health and Welfare when a child is on state assistance such as Medicaid.

There are two ways which Boise Divorce Lawyers can deal with establishing paternity in Idaho. The first and most obvious is the paternity test. This is a fairly expensive test, though less so than in the past. The Idaho Department of Health and Welfare requires this test for all children on state assistance born out of wedlock. Why does the Idaho Department of Health and Welfare require that paternity testing be done? When a mother is on state assistance, the state collects child support from the father of the child as a means of reimbursement for state services and to ensure support for the child. Requiring a paternity test ensures that the State of Idaho is collecting support from the right father for the right child.

As a Boise Divorce Attorney sometimes clients tell me there is no issue of paternity for their child who was born out of wedlock, but will an Idaho Court accept paternity of a child born out of wedlock based upon a parental statement? In fact, they will if the proper criteria are met. There are three people involved in a paternity statement when a child is born out of wedlock and each of these three people must make a sworn statement to the Court declaring paternity. Firstly, the mother must swear that the child was conceived either out of wedlock or prior to the marriage and at that time she did not have sexual relations with her current husband. Secondly, the husband must swear that he did not have sexual relations with the mother before they were married. Finally, the father of the child must swear that he had sexual relations with the mother before she got married to her current husband. Now, can you imagine this ever happening? Boise Divorce Attorneys can attest to the fact that this, in fact, does occasionally happen.

So what happens if these three parties swear to paternity and at some point down the road the parties are estranged, a divorce and custody battle ensues and it turns out that the child is actually the child of the husband? Sounds like a soap opera, doesn't it? But, as a Boise Divorce Attorney, I can tell you it does actually happen. Here it can get ugly. If your Boise Divorce Lawyer can prove that the mother of the child was intentionally lying and knew who the real father was, she can be ordered to pay back the child support that was paid to her. While this does not rise to the level of a criminal law issue and you won't need a Boise Criminal Attorney to defend you, the court does not look kindly on this. Boise Criminal Lawyers see cases of fraud like this all the time, but this particular form of deceit is handled by a domestic statute rather than by a criminal law statute. If there is no proof to that effect, your Boise Divorce Attorneys will submit a new order to the court stating who the father is and what the child support amount should be.

If you have a paternity issue or any other Idaho Family Law issue and need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383 or visit our website and fill out a quick contact form. One of our Boise Divorce Attorneys or Boise Family Law Lawyers will get right back to you.

In addition to Family Law issues, Kershisnik Law handles criminal law issues including DUI, probate, personal injury, small business and employment law.

Wednesday, March 30, 2011

Boise Divorce Attorney - Boise Family Law Lawyers - Boise Custody Attorney - Out of State Custody Issues

Boise Divorce Attorney, Boise Family Law Lawyers, Boise Custody Attorney, call (208) 472-2383 free consultation, divorce, custody, modification, visitation, child support, adoption, termination, domestic violence, all family law issues.

Custody issues are routinely litigated in Idaho Courts, but when can you bring a custody issue in an Idaho Court? This is a regular question heard by Boise Divorce Attorneys. You can file for divorce in Idaho after you have resided here for six weeks. Custody, however, is a different issue. You cannot file for custody in Idaho unless the child has resided here for 6 months.

As a Boise Divorce Attorney I often see cases where the parties have lived in a different jurisdiction, they decide to divorce and one party or the other moves to Idaho. They often don't file for divorce until they come to Idaho. So what happens when they move here and want to divorce and have their custody issues heard? They can file for divorce, but they cannot have an Idaho Court hear their custody issues for 6 months. In a sense, this is a bifurcated action.

As a Boise Divorce Attorney, I regularly see people who have left one jurisdiction or the other without the consent of the other parent. So, what happens then? Can the other parent can file for custody, and for divorce in the state where they reside? There is something known as the Uniform Child Custody Act which allows an Idaho Court to throw the custody issues back to the child's home state. But the act also does allow an Idaho Court to exercise jurisdiction if there is an imminent danger to the child. Boise Divorce Lawyers often see this when one parent won't allow another parent to exercise visitation across state lines. Another issue where Boise Divorce Lawyers see the Uniform Child Custody Act in action is when one parent moves to another state with the child without the other parent's permission.

So what happens when one parent moves to Idaho with a child and the other parent has never set foot in Idaho? Does Idaho have jurisdiction over the child? If the parent not residing in Idaho does nothing for 6 months then Idaho can exercise jurisdiction. But, as a Boise Divorce Attorney I would not suggest that you do nothing. There are special rules about jurisdiction and if you have never been to Idaho you will want a Boise Divorce Attorney to file a special appearance for you so that Idaho cannot exercise jurisdiction over you. An analogy for this might be if you committed a crime in state x, you could not be tried in Idaho for that crime because you do not have any contact in Idaho. Any Boise Criminal Lawyer would never allow you to submit yourself to Idaho jurisdiction. Likewise, if you have never been to Idaho, an Idaho Court will not here your custody issue, unless your child has been here for 6 months. So if you don't live in Idaho but a custody action is filed here before the child lives here for 6 months, a Boise Divorce Lawyer will go to court for you to tell the Idaho Court that it does not have control over you. The odd thing is that if you, yourself come to Idaho, then Idaho can exercise jurisdiction over you. Boise Divorce Attorneys facing this issue will inform the court that they do not have jurisdiction over you or the child and therefore the custody issue cannot be heard in Idaho, unless of course there is imminent harm to the child. Just like Boise Criminal Lawyers, Boise Divorce Lawyers want to make certain that you do not subject yourself to jurisdiction when no control is warranted by an Idaho Court.

If you have a custody issue in Idaho or are seeking a divorce in Idaho and you need to speak to a Boise Family Law Lawyer, please call, (208) 472-2383 or visit our website. Here you will find a quick contact form. If you fill it out one of our Boise Divorce Lawyers or Boise Family Law Lawyers will contact you immediately.

Tuesday, March 29, 2011

Boise Divorce Attorney - Custody Lawyers - Family Law Attorneys - Name Change in Idaho

Boise Divorce Attorney, Boise Custody Lawyers, Boise Family Law Attorneys in Idaho, call (208) 472-2383, free consultation or visit, divorce, custody, support, all family law matters.

Boise Family Law Attorneys frequently get the question of, "how do I change my name in Idaho" or "can I change my name in Idaho"? There are many instances where you might want to change your name. For example, you might consult a Boise Divorce Attorney about a name change if your divorce decree did not order your name be changed and you decide that you would like to have your maiden name back. Another situation where a name change would be in order would be in an adoption situation. In the original adoption you can request that the child's name be changed but if it was omitted for some reason, a Boise Family Law Lawyer can file a separate petition for name change. Still another reason you might seek a name change would be in a custody situation. If one parent is ordered sole legal custody, for example, that parent may want to discuss the possibility of a name change with a Boise Custody Attorney. A final example of a name change that doesn't involve divorce, custody or adoption, is personal preference. Boise Family Law Lawyers sometimes hear that people simply don't like their names, and they can help you to change your name legally.

Boise Divorce Attorneys regularly request that a party's name be changed back to their maiden name pursuant to a divorce decree. Boise Custody Lawyers also regularly request that a child's name be changed when sole custody is ordered. Likewise, Boise Family Law Lawyers regularly request that a child's name be changed pursuant to an adoption. What then do you do if this request is not made, or you simply want to change your name?

Name change is a fairly simple process. Idaho Code Title 7 Chapter 8 deals with a name change in Idaho. You must file a petition in the county where you reside. In addition, the petition must state your current name, proposed name change, reason for changing it, your place of birth and where you reside. Once your petition is filed you must run a notice in your local paper for 4 consecutive weeks. After that time has run you can have a hearing for your name change.

The four weeks gives parties who might object to your name change a chance to hire an attorney and contest the name change.

If you need to speak to a Boise Family Law Lawyer, please call (208) 472-2383 or visit one of our websites. or Here you will find helpful information about family law, divorce, adoption and custody in Idaho. You will also find a quick contact form. You can fill out the form and one of our Boise Divorce Attorneys or Boise Family Law Lawyers will get back to you immediately.

Saturday, March 26, 2011

Boise DUI Lawyers - Idaho Criminal Attorneys - Military DUI

Boise DUI Lawyers, Idaho Criminal Attorneys, Boise Divorce Attorney, Idaho Family Law Lawyer, call (208) 472-2383, DUI, DWP Criminal Defense, Divorce, Custody, Family Law, Military Divorce, Military DUI.

Being charged with a DUI is one thing, but being charged with a military DUI or being a civilian and being charged with a DUI on a military base is something entirely different. Just like military divorce and custody issues, military DUI issues have additional rules and laws and therefore a military DUI will have additional consequences and penalties.

Boise DUI Lawyers who specialize in military cases are intricately familiar with the different types of cases involving the military and a DUI.

The first type of military DUI is when a member of the United States Armed Services gets a DUI off a military base. In a non-military DUI, Boise DUI Lawyers are dealing with two different aspects of the driving under the influence case. First, there is an administrative aspect, where the Boise DUI Lawyer deals with the Idaho Department of Transportation. Here, you will receive an administrative suspension of your driver's license. The second aspect of the DUI is where you and your Boise DUI Attorney go to an Idaho Court and deal with Idaho Law. Here you face the court and the state's lawyer, the prosecuting attorney, and ultimately you are convicted, plea or found not guilty to a DUI.

If you are a service member and you get a DUI, not only do you have to deal with this aspect of your driving under the influence charge, but you also have to deal with military rules and penalties. These are outlined in Article 111 of the Uniform Code of Military Justice and the Manual for Court Martial. You are potentially on for a stiffer sentence, because in addition to state court penalties including fines, possible jail time, license suspension, alcohol evaluation, a functioning vehicle ignition interlock device and probation, you can receive additional penalties from the military court. These can include a rank reduction, pay reduction, loss of security clearance, additional fines, a reprimand or even a dishonorable discharge. There is no maximum penalty set by military law for a military DUI. There are additional penalties because the military has its own jurisdiction and just like military divorce and custody there are additional rules promulgated by the military.

A second DUI issue involving the military that Boise DUI Lawyers see is when a civilian gets a DUI on a military base. You likely will be charged in Federal Court instead of Idaho Court, but depending upon where you were charged and if there is overlapping jurisdiction you may be charged by an Idaho State Court. You will receive a letter in the mail informing you what court your case will be brought in so it is very important that you keep your eyes open for this. If it is in Idaho Court, you will need a Boise DUI Lawyer. If it is in Federal Court you will need a Boise DUI Attorney who practices in Federal Court. Even if your case is brought in Federal Court, in general Idaho Law will apply because of a principle called assimilation which allows Idaho Law to be used. The penalties in general mirror state penalties but the Federal Prosecuting Attorneys have more ability to be flexible than State Prosecuting Attorneys and consequently it can actually be easier to avoid jail time and probationary periods.

The military is a world of its own. It has its own jurisdiction as well as concurrent jurisdiction with individual states. Whether the issue is one of a criminal charge, a DUI or matters of divorce, custody or contract, to name a few, there are often special rules involving military cases.

If you have a military issue and need to speak to a Boise DUI Lawyer or Criminal Attorney, or a Boise Divorce Attorney or Family Law or Custody Lawyer who deals with military DUI, military criminal defense, military divorce or military family law and custody issues, please call, (208) 472-2383. You can also visit one of our websites for more information. On our website there is a quick contact form. You can fill this out and one of our Boise Divorce Attorneys, Boise DUI Lawyers or Boise Criminal Lawyers will get right back to you.

You can also visit us for more information on divorce, custody, family law, DUI, DWP and numerous crimes in Idaho.

Wednesday, March 23, 2011

Boise Divorce Attorney - Child Custody Lawyers - Family Law Attorneys - Divorce Statistics in Idaho

Boise Divorce Attorney Lawyers, Custody Attorneys Lawyer, (208) 472-2383, free consultation, divorce, custody, family law in Idaho.

Divorce statistics are obviously interesting to Boise Divorce Attorneys. As a Boise Divorce Attorney I see correlation between increased divorce clientele and the statistical divorce rate.

The United States Census Bureau keeps and distributes statistics on individuals and businesses in the United States as well as for individual states. Every 10 years a new census is taken. Often these statistics are compared to previous years and take different angles on information assessed.

As a Boise Divorce Attorney I am interested in the rate of marriage and divorce in Idaho. The marriage rate in Idaho increased only slightly between 1990 and 2008. In 1990 there were 14,100 marriages. In 2008 there were 14,600 ( In comparison to the leveling off of marriage in Idaho, the divorce rate increased substantially. In 1990 there were 6,600 divorces. By 2008, there were 7,400. In 1990 the divorce rate in Idaho was just under 47%. By 2008 the divorce rate increased to just under 51%. How does Idaho compare to the United States? While the Census Bureau has not provided those percentages for 2008, there is a general consensus that the divorce rate hovers between 50-51%.

Another interesting factor to Boise Divorce Attorneys is the actual decline in anniversaries celebrated. As a Boise Divorce Attorney I often hear couples lament that a divorce is happening between them or their friends after numerous years of marriage. This, it turns out, is more common than you would think. The Census Bureau reports that the number of couples reaching subsequently more years of marriage declines at a fairly rapid rate. For example, in 1959 96.4% of men and 94% of women reached their 5th anniversary. By the fortieth anniversary, only 61.4% of men and 54.7% of women were still married. In contrast, by 1994 only 89.4% of men and 87.2% of women reached their 5th anniversary and only 70% of men and 69.2% of women reached their 10th anniversary.

Another interesting statistic to Boise Divorce Lawyers and Custody Attorneys reported by the Census Bureau is the number of households living without a spouse. In 1990 there were 2,884,000 men and 10,890,000 women living in a household in without a spouse. By 2009 that number increased to 5,252,000 for men and 14,480,000 women living in a household without a spouse. Of those household, 22.8 % of of children under 18 lived solely with their mother and only 3.4% were living in the sole custody of their fathers. What that statistic translates into for Boise Divorce Lawyers is more kids living with only one parent and more custody issues.

An interesting factor reported by the Census Bureau, but without context or explanation as to how it fits within divorce and custody statistics, is that the number of stay-at-home parents has increased by 749,000 between 1995 and 2009.

After reviewing these statistics it is clear that the number of divorce and custody cases in Idaho is on the increase. While statistics are interesting they just address the facts. They don't shed any light on the cause of divorce or the increase in the number of divorce cases.

If you are experiencing a situation with your marriage and need to speak to a Boise Divorce Attorney or an Idaho Custody Lawyer, please call (208) 472-2383 On our website you will find a quick contact form. You can fill that out and one of our Boise Divorce Attorneys will contact you immediately.

Monday, March 21, 2011

Boise Divorce Attorney - Boise Criminal Lawyer - Boise DUI Lawyer - Boise Probate Attorney - Boise Personal Injury Lawyer - Employment Law - Small Business

Boise Divorce Attorney, Boise Criminal Lawyer, Boise Probate Attorney, Boise Personal Injury Lawyer, (208) 472-2383, for a free consultation, Divorce, Custody, Family Law, Criminal Defense, DUI, DWP, Probate, Wills, Estates and Trusts, Personal Injury.

What can the lawyers at Kershisnik Law do for you? Here is an overview of our attorney services:

Boise Divorce Attorney- Kershisnik Law's attorneys provide all family law legal services including divorce, custody, modification, child support, visitation, termination, adoption and domestic violence. Divorce, custody and family law services are provided in Boise and the surrounding areas, including Ada, Canyon, Elmore, Owyhee, Washington, Boise and Valley Counties. A Boise Divorce Attorney from Kershisnik Law will help you resolve your divorce and custody issues and help you through all areas of family law in Idaho.

Boise Criminal Lawyer - Kershisnik Law provides all criminal defense, including assault and battery, aggravated assault, burglary, theft, possession, drug charges, marijuana and meth possession, sex crimes, indecent exposure, lewd and lascivious conduct, child porn possession, internet crime, forgery and all criminal law issues, including parole violation, probation violation and post judgment relief. The Boise Criminal Lawyers at Kershisnik Law practice throughout the Treasure Valley and the surrounding areas. The Criminal Lawyers at Kershisnik Law know Idaho Law and will help you through the criminal law system. Whether you wish to seek a plea agreement or you want to take your case to trial, Kershisnik Law can provide you experience at a price you can afford.

Boise DUI Lawyer - Kershisnik Law provides legal representation for DUI, DWP and all driving under the influence related crime in Idaho, including 1st time, 2nd time and 3rd time DUI, excessive DUI, felony and misdemeanor DUI.

Boise Probate Attorneys - Kershisnik Law provides Estate Planning and Probate Services including, Wills, Estates, Trusts and Probate. An Estate plan helps you have control over your estate. You can decide who gets what property through the use of a will, or a trust and you can influence how much, if any, taxes will need to be paid on your estate in probate. One of our Probate or Estate Planning Attorneys can help you plan your estate the way that you want it - the way that works best for you.

Boise Personal Injury Lawyers - Kershisnik Law provides legal representation for personal injury, including injuries incurred as a result of car accidents, slip and fall, dog bite, premise liablity, product liability, DUI, and all accident injury. A Personal Injury Lawyer will negotiate a settlement on your behalf with the insurance companies or litigate your personal injury case if it is necessary to take it to trial to make you whole.

Boise Employment Attorneys - Kershisnik Law offers representation for wage claim cases, wrongful termination, discrimination and harassment. During these hard economic times, an employment attorney can help you get a money settlement when you have been wrongly terminated or have not had your wages paid. In addition, an employment lawyer can help bring you justice when your rights have been violated.

Boise Small Business Attorney - Kershisnik Law provides small business legal services such as small business formation, dissolution and operating agreements. Kershisnik Law also provides a whole range of services involving small business in Idaho.

If you need to speak to a Boise Divorce Attorney, a Boise Criminal Lawyer, a Boise DUI Lawyer, Boise Personal Injury Lawyers, Boise Probate Attorneys, Boise Employment Lawyers or Boise Small Business Attorneys, please call (208) 472-2383. You will be glad you did.

Saturday, March 19, 2011

Boise Divorce Attorney - Boise Family Law Lawyers - Motion for Reconcilliation

Boise Divorce Attorney, Boise Family Law Lawyers, call (208) 472-2383, family law including divorce, custody, modification, visitation, termination, adoption and domestic violence.

What happens if you file for divorce and you are well into the proceedings and you decide that you might not want to get a divorce after all? Believe it or not, Boise Divorce Attorneys get asked this question all the time. Do you have to withdraw your complaint? The answer is no, not necessarily and not immediately.

Your Divorce Attorney can file what is known as a motion for reconciliation. Under Idaho Code 32-716 you can file the motion to stay the divorce. If the judge sees that attempts to reconcile are probable, practical and in the best interest of the family, he or she can order a temporary stay if there are minor children in the household. The stay is good for up to 90 days. This places the divorce on hold and any custody issues too. This gives the family a chance to reconcile and perhaps not go forward with the divorce.

During the stay, the temporary custody orders remain in effect. You retain your Boise Divorce Attorney and you try to reconcile. If you do decide to get back together, you Divorce Lawyers with stipulate to dismissal without prejudice. The without prejudice is lawyer speak for meaning that if at a later point you decide once again to file for divorce and custody you are not barred from doing so.

The Idaho Code is specific that agreeing to try and reconcile is in no way a condonation by either party for the grounds for divorce. Again, this is Boise Divorce Attorney speak for meaning that you are not ok with what were the grounds for divorce.

If you are seeking a divorce and custody in Idaho and need to speak with a Boise Divorce Attorney please call (208) 472-2383. At our website you can fill out a quick contact form and one of our Boise Divorce Lawyers will get right back with you.

Thursday, March 17, 2011

Boise DUI Lawyers - Boise Criminal Lawyers - DUI, Felony, Misdemeanor and Minors

Boise DUI Lawyers Attorneys, Boise Criminal Defense Lawyer Attorney, call for a free consultation, (208) 472-2383, DUI, DWP, Misdemeanor, Felony, Excessive, Minor Consumption, Criminal Defense

Boise DUI Lawyers defend individuals charged with DUI on a daily basis. A rising statistic effecting Boise DUI Lawyers is the number of underage individuals not only in possession of alcohol, but charged with Minor DUI.

What is the penalty for a DUI when the driver is under the age of 21? The Idaho Code says that it is unlawful for anyone under the age of 21 to operate a motor vehicle with an blood alcohol concentration of .02 or greater. The bad news for underage drinking and driving is whereas someone over the age of 21 cannot be charged with a DUI unless they have a BAC of .08, a minor can be charged with a DUI for a BAC of .02 or greater

If a minor has a BAC of .08 or more, the penalty is the same as for an adult. What Boise DUI Lawyers are seeing more of is when the minor has been arrested for a DUI and their BAC is between ,02 and .08. A first time minor DUI is a misdemeanor and carries a fine of $1,000. The minor must be notified in writing at the conviction of the DUI of the penalty that will be imposed if the minor receives another DUI. They are also ordered to have an alcohol evaluation. In addition, they will receive a mandatory 1 year license suspension with 90 days of absolute suspension where no restricted driving privileges will be granted.

Another area where Boise DUI Lawyers are seeing an increase is second minor DUI. The penalty for second time minor DUI is a minimum of 5 days, but no more than 30 days in jail, a fine of at least $500 but no more than $2,000, a 2 year license suspension with 1 year absolute, to be ordered to an alcohol evaluation, to be advised in writing of penalties for a subsequent DUI and required to use a functioning ignition interlock device.

No Boise DUI Lawyer wants to see it but there are actually cases of third time minor DUI. The penalty for third time minor DUI is the same as a second time except that the jail time is increased to a minimum of 10 days, but no more that 30 days, the fine minimum is increased to $1,000 and the license suspension is absolute for 1 year and no restricted privileges are granted until they turn 21.

If you have been charged with a DUI and you need to speak to a Boise DUI Lawyer or have a DUI and additional crimes and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.

Monday, March 14, 2011

Boise Divorce Attorneys - Family Law Lawyers - Idaho Custody Attorney - Child Support Lawyer - The Anatomy of a Divorce

Boise Divorce Attorneys, Family Law Lawyers, Custody Attorney, Child Support Lawyer, Family Law in Idaho, call today for your free consultation.

One of the most frequent questions I get as a Boise Divorce Attorney is, how long does it take to get a divorce. While you might think that is an easy question to answer, it is not. The best answer, or at least the one that makes most sense to that question is, "it depends".

While the anatomy of a divorce is fairly similar no matter how complex your divorce gets, a lot depends upon conflict and agreement. While divorce lawyers know the anatomy of a divorce they often can't speculate very precisely how quickly it will be done. First, your attorney files the complaint for divorce. In this complaint your divorce lawyer will allege jurisdiction, grounds for divorce and how the property should be split, and the custody arrangement for the children and even perhaps the child support amount. If the other party does not respond, or does not object, the divorce can be granted and your child support and custody awarded fairly quickly.

While it can happen, divorce often doesn't go this quickly. Usually, the other party hires a divorce attorney and they file a response to the complaint. Generally they have a different idea of how property should be split and who should have custody and who should have visitation. Once this happens the divorce begins to slow down. The property must be valued, the parties are ordered to mediation of custody issues and you enter the phase called "discovery".

Divorce attorneys use discovery to understand what the issues of the case are going to be. Divorce lawyers send out interrogatories, a fancy name for questions, which must be answered by the other side's attorney. There is generally disagreement upon what the value of property is, who will value it and what is separate and what is community. Once the divorce attorneys have completed gathering the evidence they need they will get together and see if there is anything both sides can agree upon. Sometimes the parties will stipulate to certain facts and other times the only thing they agree about is that they should get a divorce.

If the divorce and custody cannot be settled through stipulation the case will go to trial. All the evidence the divorce attorneys gathered in discovery will be used during the trial. Each attorney will put on their case, laying out for the court the nature of the property (community or separate), its value and why it makes the most sense to go to whom. The attorneys will put forward why custody should be placed with one party or the other and how that is in the best interest of the child. Each lawyer will show, how based upon the individual incomes of the parties, what child support should be set as if the custody is split the way they propose.

Ultimately, the attorneys rest their case and it goes to the judge to decide. The judge looks at all the evidence and testimony and weighs the facts to determine how the property should be split, what is best for the children and grants the divorce and the custody based upon his or her judgment of the facts presented by the divorce attorneys.

So, once again, when you ask me or any other asked Boise Divorce Attorney how long it takes to get a divorce in Idaho and they answer, "it depends", you will know why that is the best answer.

Friday, March 11, 2011

Boise Divorce Attorneys - Idaho Lawyers - Divorce, Military Divorce, Deployment and the $8000 Tax Credit

Boise Divorce Attorneys - Idaho Lawyers, Divorce, Custody, Military Divorce, Child Support, Visitation, Modification, call (208) 472-2383 for your free consultation.

What happens when you and your spouse purchased a home with the help of stimulus money for first time home owners and you get a divorce and must sell the home before the three year ownership rule kicks in? What happens if you are in the military and are deployed before the three years and you have to sell your home? What happens if you are in the military, you are deployed and you get a divorce and must sell the home before the three year time requirement?

These are common questions for Boise Divorce Attorneys. The law which governs this is set forth by the IRS and set forth in form 5405.

In general, if you get a divorce before the three year payback threshold, you must payback the $8,000 credit. The payback amount, however, is limited to the amount of the gain, if the home is sold to someone not related to you. You must include the amount of the credit to be paid back, generally the entire $8,000 unless the gain from the home sale is less than that, as an additional tax on your tax return. For Boise Divorce Lawyers, this is an easy answer.

If you are in the military and you are deployed, you are exempt from paying back the tax credit if the home is sold before the three year payback threshold. For Idaho Lawyers, this is an easy question.

Here is the tricky question for Boise Divorce Attorneys - What if you purchase the home and you are deployed and you get a divorce before the three year payback threshold? Then what?

According to the IRS and Part III, line 12 of IRS Form 5405, if the home is sold in connection with Government orders for qualified official extended duty service you are not required to pay back the credit. Qualified official extended duty service means serving at a duty station at least 50 miles from your home or living in Government quarters upon Government orders. You are on extended duty when you are deployed for active duty for more than 90 days and for an indefinite time period.

So what happens when you have two triggering events; deployment and divorce? As a Boise Divorce Attorney I think the answer lies in the chain of events. Did you get orders for deployment and were prepared to put the home on the market and then decided to divorce? Did you get orders for deployment but were already in the process of divorce? Did you file for divorce and were subsequently deployed? Basically, what was the actual reason for the sale of the home? Divorce or deployment?

What happens then if the time line shows that the actual reason for the sale of the home was divorce? If the home is sold, pursuant to the divorce decree, the credit is to be repaid by both parties in equal amounts. If the home is transferred to an ex-spouse pursuant to a divorce settlement, the responsibility of repayment of the total credit shifts to the spouse receiving the home if they sell it before the three year period.

One further complication for divorce lawyers and divorce clients - what happens if the divorce occurs before the three year period and as part of the divorce settlement the home is to be sold but the home does not actually sell until after the three year period expires? Repayment of the entire credit does not kick in until the actual date of the sale. So, if the sale does not happen until the three year period expires, no repayment is required.

Another further complication for attorneys and client alike, we are after all dealing with the IRS, is payback in general. There are actually two different types of payback and two different requirements depending upon when the home was purchased. If you purchased a home in 2008 and you hold onto the home for the long term you must begin repaying the credit with your 2010 taxes over the next 15 years. If, however, you purchased your home after 2008 and you do not sell it you don't have to repay the credit. Even if you sell the home purchased after 2008 before the three year threshold, you may not have to pay the credit back if you acquire a new home within 2 years and you live in that home for the remainder of the original 36 month period. And of course, because it is the IRS, there are all sorts of exceptions and limitations depending upon other triggering event (condemnation, foreclosure etc.). How can a tax attorney keep all this straight?

If you need to speak with a Boise Divorce Attorney or you have questions about divorce, military divorce or other family law issues, please call (208) 472-2383.

Thursday, March 10, 2011

Boise Divorce Attorneys - Custody Lawyers - Paternity Fraud

Boise Divorce Attorneys - Custody Lawyers in Idaho - call (208) 472-2383 for your free consultation today.

Boise Divorce Attorneys hear it all the time. Custody Lawyers hear it all the time. We have all heard the story. Our buddy, Joe Q. Public, tells us that his girlfriend, Jane Doe got pregnant, she told him it was his baby, they got married, they got a divorce, they had a custody hearing, she got custody, he got visitation, he was ordered to pay child support, he paid child support for two years, he exercised his visitation for two years and he just came to find out on Facebook that he is not the biological father and she knew it all along.

Should paternity by fraud be a criminal charge in Idaho? The Idaho legislature didn't go as far as to make it criminal but they did enact Idaho Code 32-1009, Paternity Fraud - Child Support Restitution.

Idaho Code 32-1009 says that an Idaho Court can vacate a child support order if a man has been named the biological father of a child and has been ordered to pay child support if he shows (if his custody lawyers show) by clear and convincing evidence (this is a criminal level of proof), that he is not the father and that mother of the child knowingly and intentionally misrepresented that he was the father of the child.

So what does that do for Joe Q. Public? Once he finds out that he is not the father and that the mother perpetrated fraud, he has two years to file a petition to terminate the child support order. In addition, he can request, and an Idaho Court can order, that either the mother, or the real biological father pay him restitution for the amount of child support that he has paid for the child.

Advice from a Boise Divorce Attorney? Be careful what you post on Facebook. It can be and will be used against you in a court of law.

If you need to speak to a Boise Divorce Attorney or an Idaho Custody Lawyer, please call (208) 472-2383.

Tuesday, March 8, 2011

Boise DUI Lawyers - Idaho Criminal Attorneys - Field Sobriety Tests

Boise DUI Lawyers - Criminal Attorneys in Idaho - DUI, DWP, Criminal Defense, call (208) 472-2383 free consultation.

Boise DUI Lawyers are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.

The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.

Boise DUI Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.

The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.

The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI lawyer I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.

The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.

DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.

So, these are the standardized tests to establish probable cause for arrest on DUI. Are they effective? Can they be challenged?

According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.

In light of the NHTSA accuracy statistics can a DUI Lawyer still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. DUI Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.

If you have been charged with DUI in Idaho and need to speak to a Boise DUI Lawyer, please call (208) 472-2383.

Sunday, March 6, 2011

Boise Divorce Attorneys and Custody Lawyers - Divorce and Custody Considerations for Military Personnel

Boise Divorce Attorneys & Custody Lawyers in Idaho, call (208) 472-2383- free consultation. Kershisnik Law, PLLC

Boise Divorce Attorneys are often faced with unique considerations when it comes to divorce and custody in the military setting. The Soldiers and Sailors Civil Relief Act provides various protections for military personnel in a variety of areas including divorce, leases, eviction, interest rates, court proceedings, installment contracts and tax assessments.

In regard to divorce and custody, the SSCRA prevents a divorce proceeding from being taken by default. A military service member can by him or herself, by an attorney or through a letter from their commanding officer request that a divorce proceeding be suspended until the service person returns from active duty. Idaho law also protects soldiers but an Idaho Court can make a determination that a suspension of the court proceedings are not necessary. If, however, an Idaho court determines that to go forward without the soldiers presence would cause irreparable harm then they will issue a stay in the divorce proceedings until the soldier returns.

The SSCRA, however, does not apply to child support proceedings. Idaho Child Support can be set and an order issued regardless of a service person's duty status. Divorce and Custody Lawyers have a unique tool to use when it comes to child support, as well as spousal support in regard to military personnel. Service personnel on active duty are not exempt from providing child support to their children. They are not exempt from an Idaho Court establishing an order without their presence and they are required by military code of conduct to provide support for their children and their spouses. Army Regulation 608-99 establishes a duty for military personnel to provide such support even in the absence of a court order and if they fail to, they can be punished in a variety of ways. One interesting "loop hole" in AR 608-99 is that they do not have an obligation to provide support for an illegitimate child in the absence of a court order and therefore cannot be punished for not support a child who legitimacy is in question.

If a member of the military fails to provide the "just" support for their families, a non-military divorce lawyer or custody attorney can contact their Commanding Officer and report their failure to abide by AR 608-99. It is then up to the Commanding Officer to inform the service person of their failure and to direct them to make good on their obligations.

On one hand, the SSCRA protects service personnel on active duty from a variety of legal consequences, but on the other hand AR 608-99 protects the non-military spouse and the children from a service person hiding behind the SSCRA and not keeping up with their obligations.

Friday, March 4, 2011

Boise Divorce Attorneys - Custody Lawyers - Family Law Statutes

Boise Divorce Attorneys and Custody Lawyers in Boise, Idaho call (208) 472-2383.
As a Boise Divorce Attorney I work frequently within the world of the Idaho Family Law Statute. Idaho Code Chapter 32 deals with Domestic Relations. It covers everything from marriage, illegal marriage, divorce and the grounds for divorce to the parent child relationship in terms of custody and visitation as well as community property.

The Family Law Statute has changed over time. One specific example of this change has to do with common law marriage. At one point in Idaho history, the state recognized common law marriage. As of January 1, 1996 Idaho no longer does. If you were common law married before that date, meaning you put yourself out as a married couple a court would still consider you married and you could file for divorce and custody in Idaho.

What does it mean to put yourself out there as being married? A Boise Divorce Lawyer would present evidence to the court that showed you treated your relationship as one of a marriage, not just co-habitation. Examples of evidence an attorney might use to prove this might be filing joint tax returns, being claimed as a spouse on health insurance, purchasing a home together or telling people that you were married. However, having children together and co-habitating do not necessarily reach the level of evidence needed to prove marriage.

Why would your divorce lawyer want to prove that you were married? That family law statute that I mentioned above provides protection for married couples called community property. If you were living together, but were not married and one party worked and the other stayed home and the one that worked used their money to pay for the house and to pay for the car and all the other goodies, if they ever split up the person who paid for everything would get it all. Now that may be fine for the person who worked but the person who stayed home and took care of the house and the kids would get nothing.

Community property recognizes that it is a community effort to build the community and therefore it rewards each individual equally in terms of value.

If there were children to the common law marriage how custody and visitation would be determined for those children would be the same whether it was ultimately decided that a common law marriage did or did not exist. The parties would be ordered to mediation and if they could not agree on a custody arrangement both divorce lawyers would present evidence to show why their client is the party best suited to be the custodial parent or why it would be in the best interest of the child to have primary physical custody with one parent or the other. Ultimately, using requirements outlined in that family law statutes I spoke about above, an Idaho judge would determine what is in the best interest of the child.

Ultimately, if you are married and are going through divorce in Idaho or you are going through divorce in Idaho and have children or simply have children together in Idaho and are splitting up, you too will enter the world of the family law statute.

Wednesday, March 2, 2011

Boise DUI Lawyers - Boise Criminal Lawyers - DUI and Criminal Charges in the News

Almost everyday for the last few weeks the local newspaper has reported on a series of DUI or felony charges in Boise. Is there an increase in DUI and felony charges or are they being reported because of their extreme nature or to fill space? Boise DUI Lawyers and Boise Criminal Lawyers see a steady stream of DUI and felony charges in Boise and the reporting in the paper does not necessarily indicate an uptick in the number of DUI and felony charges in Boise.

In yesterday's paper, for example, it was reported that on Sunday a citizen reported that a car had hit a stop sign in Boise. After finding the vehicle police reported that a bag was thrown out of the passenger window. They later recovered the bag which contained a six-pack of beer, but the bottles had all broken. Because the police could not tell how many of the bottles were consumed or open in the car, the passenger with destruction of evidence. The driver was charged with DUI, eluding the police and a felony parole violation.

Boise Criminal Lawyers and Boise DUI Lawyers can tell you that it is often the case that when someone is arrested for DUI or on a criminal charge that they are charged with multiple charges. This sometimes is due to the nature of the crime. Drug possession and paraphernalia, for example often go hand in hand. Sometimes it is the case that the offender has already been in trouble and by participating in criminal activity they are getting themselves in deeper. Sometimes the police will charge both what they see as the actual crime as well as a lessor included crime. This prevents the case from being dismissed if only the lessor crime is charged and not the actual crime.

If you have been charged with a DUI or a crime in Idaho and you need to speak to a Boise DUI Lawyer or a Boise Criminal Lawyer, please call (208) 472-2383