Kershisnik Law, (208) 472-2383, Boise Divorce Attorney, Idaho Family Law Lawyers, divorce, custody, modification, child support, family law.
As a Boise Divorce Attorney I often get calls concerning child support. There are many issues surrounding child support. They can be pursuant to a divorce or a custody proceeding or any other variety of scenarios. A frequent situation that I am involved in regard to Medicaid or other state assistance.
When a parent is receiving state funds or insurance through TAFI, or aid to needy families, there are certain rules that apply to child support. If you are receiving aid you are required to assign your right to child support payments to the state. Any monies you are owed pursuant to a divorce, custody or paternity order must be paid to the state in exchange for the support they are providing you in relation to TAFI.
This is an important point because as a Boise Divorce Attorney I often hear disparaging comments from people insinuating that a party is receiving child support from them and Medicaid or food stamps or the like. This simply is not the case.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call (208) 472-2383. You can also visit our website and fill out the quick contact form and one of our attorneys will get right back to you. There you can tell our lawyers how you would like them to contact you.
Showing posts with label divorce. Show all posts
Showing posts with label divorce. Show all posts
Wednesday, April 20, 2011
Monday, April 4, 2011
Boise Divorce Attorney - Divorce Attorneys, Family Law Lawyers, Probate Attorneys, Boise, Idaho
Boise Divorce Attorneys - Boise Probate Attorneys - Family Law Lawyers, (208)472-2383
Today I am going to discuss probate and divorce. What do probate and divorce have to do with each other? A lot, especially when you get divorced and forget to change your will.
As a Boise Divorce Attorney, a piece of advice I always give my divorce clients is, "don't forget to change your will". People often think that once they get divorced, the "spouse" in their will will automatically mean their new spouse. That is not necessarily the case.
If you have written your will to include the language, "my spouse, Jane Doe" and then you divorce Jane Doe, will a court automatically presume you mean your new spouse Susie Q? The Idaho Probate Code has a provision that covers omitted spouses. If you write your will and you leave out your spouse, unless there is evidence to show that it was intentional, your spouse will be given the share that they would have been given if you died intestate (without a will).
So that is the easy part. If you write in your original will, "I leave my property to Jane Doe" and then you divorce and then remarry but you don't take the advice of your Boise Divorce Attorney and you don't change your will and you remarry. Then what happens? Will Jane Doe take a portion of your property, along with Susie Q. As Jane Doe's Boise Probate Attorney, I certainly would argue that she should. Of course, Susie Q's Boise Probate Attorney would argue the contrary.
If you don't take the advice of your Boise Divorce Attorney and change your will when you get a divorce, you could end up with this problem. The Idaho Code can help get your new spouse her share of the property but your ex spouse may still take under your original will. Just a thought!
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call, (208) 472-2383 or visit our website. There you can fill out a quick contact form and one of our attorneys will get right back to you.
Today I am going to discuss probate and divorce. What do probate and divorce have to do with each other? A lot, especially when you get divorced and forget to change your will.
As a Boise Divorce Attorney, a piece of advice I always give my divorce clients is, "don't forget to change your will". People often think that once they get divorced, the "spouse" in their will will automatically mean their new spouse. That is not necessarily the case.
If you have written your will to include the language, "my spouse, Jane Doe" and then you divorce Jane Doe, will a court automatically presume you mean your new spouse Susie Q? The Idaho Probate Code has a provision that covers omitted spouses. If you write your will and you leave out your spouse, unless there is evidence to show that it was intentional, your spouse will be given the share that they would have been given if you died intestate (without a will).
So that is the easy part. If you write in your original will, "I leave my property to Jane Doe" and then you divorce and then remarry but you don't take the advice of your Boise Divorce Attorney and you don't change your will and you remarry. Then what happens? Will Jane Doe take a portion of your property, along with Susie Q. As Jane Doe's Boise Probate Attorney, I certainly would argue that she should. Of course, Susie Q's Boise Probate Attorney would argue the contrary.
If you don't take the advice of your Boise Divorce Attorney and change your will when you get a divorce, you could end up with this problem. The Idaho Code can help get your new spouse her share of the property but your ex spouse may still take under your original will. Just a thought!
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call, (208) 472-2383 or visit our website. There you can fill out a quick contact form and one of our attorneys will get right back to you.
Saturday, April 2, 2011
Boise Divorce Lawyers Attorney - Boise Family Law Attorneys Lawyer - Divorce, Custody, Family Law in Idaho
Statistics show that the divorce rate in Idaho is going up. What does than mean for you? We never want to think that it can happen to us, but given the rate of divorce in Idaho is 51% it makes sense to plan ahead. By planning ahead I don't mean planning your divorce like you would plan your estate to avoid probate. However, as a Boise Divorce Attorney I have seen situations where a little planning could have saved a marriage.
People often approach me as a Boise Divorce Attorney and ask for help with prenuptial agreements. Prenuptial agreements aren't for everyone. People think they are cold and unloving, and an acceptance that a divorce will happen. Whether you agree with creating a plan before you are married to divide property after you get a divorce, is a personal preference and just one plan available to help you avoid the divorce court like you would avoid the probate court with estate planning.
Another planning tool is counseling. People often opt for counseling when things get really bad in their marriage and it is headed for divorce. Counseling can be a valuable tool for marriages and can even sometimes prevent divorce if it isn't used as a band aid measure.
When we get married and decide to have kids the last thing on our minds is who will get custody if we get a divorce. As a Boise Divorce Attorney I often hear that parenting issues fueled the divorce. Many couples disagree on how to raise the kids, who will provide the day to day care and how decisions will be made. This is where a little planning, again like your estate plan to keep you out of probate, can pay off. If possible, before you get married, but at least during the marriage child rearing should be a regular topic of conversation.
Another area, that as a Boise Divorce Attorney, I hear has fueled divorce is finances. How you earn and spend your money can be a point of agreement or a point of contention. Making money a topic of conversation and discussion before spending becomes an issues can go a long way in preventing divorce issues.
Basically, what marriage planning is about is communication. As a Boise Divorce Attorney I would say the biggest factor in divorce that I see is a break down of communication. Preventing this break down through understanding that it can happen and taking an active role to prevent it goes a long way in preventing divorce.
Sometimes, however, divorce and an ensuing custody battle are inevitable. If anytime has been spent during the marriage working on communication, it will aid in the divorce and custody settlement. During a divorce where there are custody issues, judges in Boise will order the parties to mediation. In mediation you are given the opportunity to work out your own custody arrangement in a way that makes sense to you. If you can communicate you will get the best possible custody arrangement for each of you.
If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Attorney, please call (208)472-2383.
People often approach me as a Boise Divorce Attorney and ask for help with prenuptial agreements. Prenuptial agreements aren't for everyone. People think they are cold and unloving, and an acceptance that a divorce will happen. Whether you agree with creating a plan before you are married to divide property after you get a divorce, is a personal preference and just one plan available to help you avoid the divorce court like you would avoid the probate court with estate planning.
Another planning tool is counseling. People often opt for counseling when things get really bad in their marriage and it is headed for divorce. Counseling can be a valuable tool for marriages and can even sometimes prevent divorce if it isn't used as a band aid measure.
When we get married and decide to have kids the last thing on our minds is who will get custody if we get a divorce. As a Boise Divorce Attorney I often hear that parenting issues fueled the divorce. Many couples disagree on how to raise the kids, who will provide the day to day care and how decisions will be made. This is where a little planning, again like your estate plan to keep you out of probate, can pay off. If possible, before you get married, but at least during the marriage child rearing should be a regular topic of conversation.
Another area, that as a Boise Divorce Attorney, I hear has fueled divorce is finances. How you earn and spend your money can be a point of agreement or a point of contention. Making money a topic of conversation and discussion before spending becomes an issues can go a long way in preventing divorce issues.
Basically, what marriage planning is about is communication. As a Boise Divorce Attorney I would say the biggest factor in divorce that I see is a break down of communication. Preventing this break down through understanding that it can happen and taking an active role to prevent it goes a long way in preventing divorce.
Sometimes, however, divorce and an ensuing custody battle are inevitable. If anytime has been spent during the marriage working on communication, it will aid in the divorce and custody settlement. During a divorce where there are custody issues, judges in Boise will order the parties to mediation. In mediation you are given the opportunity to work out your own custody arrangement in a way that makes sense to you. If you can communicate you will get the best possible custody arrangement for each of you.
If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Attorney, please call (208)472-2383.
Friday, April 1, 2011
Boise Divorce Attorney - Family Law Lawyers - Custody Attorneys - Grandparents' Rights
Boise Divorce Attorney, Family Law Lawyers, Custody Attorneys, call (208) 472-2383 for a free consultation, divorce, custody, modification, child support, visitation, domestic violence, termination, adoption and all family law issues.
As a Boise Divorce Attorney, I occasionally get calls from grandparents who are raising their grand kids. Often these kids were just left with Grandma and Grandpa and neither parent has any contact with the kids. Often it is the case that there was never a divorce between the parents or, if the parents weren't married, a custody order establishing who should have custody of the children.
What can I do, as a Boise Divorce Lawyer, to help these grandparents get a legal status in relation to the grandchildren? Idaho has a statute that is called the De Facto Custodian Act. What this does is it allows grandparents, or anyone else in the postition of caring for children who were left with them, a legal status known as a de facto custodian. There are rules promulgated by the statutes as to the length of time a child must reside with a party before they can be legally considered a de facto custodian.
Once the time requirements have been met the grandparents can, by themselves or with a Boise Divorce Attorney, file a petition to be named de facto custodian and file for custody of the children. Again there are requirements that have to be met and your Boise Divorce Lawyer must show that it is in the best interest of the child for custody to be placed with the grandparents. If the parents have abandoned the children this is not necessarily a difficult task. Once the court finds that it is in the best interest of the children a custody order is issued and the grandparent's take legal custody of the children.
The order can be challenged upon the showing that it is no longer in the best interest of the children to be in the grandparents' custody. This can and does happen and when it does it can open a whole other can of worms dealing with grandparents' visitation rights which will be addressed in a later blog.
As a Boise Divorce Attorney people often ask me what type of situation results in custody being placed with a de facto custodian. In general, it occurs when the parents are involved with drugs or in criminal activity. Meth children, when Health and Welfare have not taken the children away, are a good example of where I hear the most about the need for the de facto custodian act.
If you need to speak to a Boise Divorce Attorney or have divorce or custody issues you would like to address, please call (208) 472-2383
As a Boise Divorce Attorney, I occasionally get calls from grandparents who are raising their grand kids. Often these kids were just left with Grandma and Grandpa and neither parent has any contact with the kids. Often it is the case that there was never a divorce between the parents or, if the parents weren't married, a custody order establishing who should have custody of the children.
What can I do, as a Boise Divorce Lawyer, to help these grandparents get a legal status in relation to the grandchildren? Idaho has a statute that is called the De Facto Custodian Act. What this does is it allows grandparents, or anyone else in the postition of caring for children who were left with them, a legal status known as a de facto custodian. There are rules promulgated by the statutes as to the length of time a child must reside with a party before they can be legally considered a de facto custodian.
Once the time requirements have been met the grandparents can, by themselves or with a Boise Divorce Attorney, file a petition to be named de facto custodian and file for custody of the children. Again there are requirements that have to be met and your Boise Divorce Lawyer must show that it is in the best interest of the child for custody to be placed with the grandparents. If the parents have abandoned the children this is not necessarily a difficult task. Once the court finds that it is in the best interest of the children a custody order is issued and the grandparent's take legal custody of the children.
The order can be challenged upon the showing that it is no longer in the best interest of the children to be in the grandparents' custody. This can and does happen and when it does it can open a whole other can of worms dealing with grandparents' visitation rights which will be addressed in a later blog.
As a Boise Divorce Attorney people often ask me what type of situation results in custody being placed with a de facto custodian. In general, it occurs when the parents are involved with drugs or in criminal activity. Meth children, when Health and Welfare have not taken the children away, are a good example of where I hear the most about the need for the de facto custodian act.
If you need to speak to a Boise Divorce Attorney or have divorce or custody issues you would like to address, please call (208) 472-2383
Boise Criminal Lawyers, Boise DUI Attorneys, Boise Divorce Attorney, Boise Family Law Lawyer, Boise Probate Attorneys
Boise Criminal Lawyers, DUI Attorneys, Boise Divorce Attorney, Family Law Lawyer, Boise Probate Attorneys in Idaho, (208) 472-2383, criminal defense, DUI, DWP, divorce, custody, family law, probate, wills, trusts, estates and estate planning in Idaho.
Boise Criminal Lawyers operate in the world of the criminal court. In addition to seeing a whole spectrum of crime in Idaho, every Boise Criminal Lawyer sees the penalties bestowed upon those who have committed a crime. As a Boise Criminal Lawyer, people always ask, "what penalty will I get". The best answer any criminal lawyer can offer is "it depends". There is no black and white answer because the law sets forth the maximum penalty, and sometimes the minimum penalty, but the actual penalty you receive will depend upon a variety of things. The penalty for a crime if Idaho varies based upon the judge, the prosecuting attorney, the state's lawyer, and the crime itself. Every judge looks at things differently and each prosecutor offers different plea agreements. It also depends upon if you take your case to trial or if you accept a plea agreement.
In addition the penalty an offender receives is based upon a variety of other things including the crime itself, whether it was a misdemeanor or a felony, if there were multiple crimes, if any of the crime was aggravated by the use of deadly force and how many other criminal convictions the person has received.
Often, when the party being charged with the crime is not a repeat offender, the penalty will be less. Judges will give, or prosecuting attorneys will offer suspended portions of the sentence. A good example of this is jail time. If a crime sets a maximum penalty of 30 days in jail, a judge might order 30 days with all 30 days suspended. So, does this mean that you are off scott free? Not necessarily. When you commit a crime in Idaho you are also placed on probation, or parole if the original sentence included time in the state penitentiary. What probation or parole does is places a time frame where if you commit another crime, or violate any term of your probation or parole while you are on probation or parole, the judge can cause the entire suspended sentence to be reinstated and you will have to serve or pay any portion of the penalty that was suspended.
If you need to speak to an attorney, including a Boise Criminal Lawyer or a Boise DUI Attorney, a Boise Divorce Attorney, a Boise Probate Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you. Please let our attorneys know the best way to contact you.
Boise Criminal Lawyers operate in the world of the criminal court. In addition to seeing a whole spectrum of crime in Idaho, every Boise Criminal Lawyer sees the penalties bestowed upon those who have committed a crime. As a Boise Criminal Lawyer, people always ask, "what penalty will I get". The best answer any criminal lawyer can offer is "it depends". There is no black and white answer because the law sets forth the maximum penalty, and sometimes the minimum penalty, but the actual penalty you receive will depend upon a variety of things. The penalty for a crime if Idaho varies based upon the judge, the prosecuting attorney, the state's lawyer, and the crime itself. Every judge looks at things differently and each prosecutor offers different plea agreements. It also depends upon if you take your case to trial or if you accept a plea agreement.
In addition the penalty an offender receives is based upon a variety of other things including the crime itself, whether it was a misdemeanor or a felony, if there were multiple crimes, if any of the crime was aggravated by the use of deadly force and how many other criminal convictions the person has received.
Often, when the party being charged with the crime is not a repeat offender, the penalty will be less. Judges will give, or prosecuting attorneys will offer suspended portions of the sentence. A good example of this is jail time. If a crime sets a maximum penalty of 30 days in jail, a judge might order 30 days with all 30 days suspended. So, does this mean that you are off scott free? Not necessarily. When you commit a crime in Idaho you are also placed on probation, or parole if the original sentence included time in the state penitentiary. What probation or parole does is places a time frame where if you commit another crime, or violate any term of your probation or parole while you are on probation or parole, the judge can cause the entire suspended sentence to be reinstated and you will have to serve or pay any portion of the penalty that was suspended.
If you need to speak to an attorney, including a Boise Criminal Lawyer or a Boise DUI Attorney, a Boise Divorce Attorney, a Boise Probate Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you. Please let our attorneys know the best way to contact you.
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.
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.
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.
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 www.lawboiseid.com, 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. www.lawboiseid.com or www.divorceboiseid.com. 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.
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. www.lawboiseid.com or www.divorceboiseid.com. 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.
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 (census.gov). 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.
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 (census.gov). 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.
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.
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.
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.
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.
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.
Sunday, February 27, 2011
Boise Divorce Attorneys and Military Deployment
Boise Divorce Attorneys are often asked the question of what happens to custody and visitation when one parent is in the military and is deployed. There first concern tends to be that they will lose their visitation or custody rights established by the Idaho Court.
Military personnel are protected in a variety of ways in Idaho when it comes to divorce, custody and visitation. The policy behind this is that they are serving our country and defending us at home and therefore they should not have their rights compromised when they are deployed.
As a Boise Divorce Attorney I often suggest to my clients that if they are deployed that they execute a power of attorney and delegate their visitation rights to a party of their choosing. A power of attorney for a military visitation is good for three years. I suggest that the power of attorney be designated to someone like the grandparents or a new spouse, particularly if there are step-siblings with whom they would like their child to continue developing a relationship with.
Custody lawyers can present a motion to the court that custody be temporarily placed with the non-deployed party, with the understanding that once the other party returns from active duty that they will abide by the original custody and visitation schedule. This would be an option if the party felt like their visitation would be best placed with the other parent.
Using a power of attorney to delegate your visitation rights prevents the need for modification. This is not to say, however, that the party on the other side of the custody issue won't motion for modification and ask their lawyer to present evidence showing how it would be in the best interest of the child for them to remain with the non-deployed party while the other parent is deployed. In Idaho, however, Boise Divorce Attorneys can tell you the law will place a preference for the visitation rights of a military parent to be delegated through power of attorney.
As a custody lawyer in Boise, I have seen the use of these powers of attorney increase as active military personnel are repeatedly deployed. It is one option to help prevent a major disruption in the child's routine.
If you need to speak to a Boise Divorce Attorney, please call (208) 472-2383
Military personnel are protected in a variety of ways in Idaho when it comes to divorce, custody and visitation. The policy behind this is that they are serving our country and defending us at home and therefore they should not have their rights compromised when they are deployed.
As a Boise Divorce Attorney I often suggest to my clients that if they are deployed that they execute a power of attorney and delegate their visitation rights to a party of their choosing. A power of attorney for a military visitation is good for three years. I suggest that the power of attorney be designated to someone like the grandparents or a new spouse, particularly if there are step-siblings with whom they would like their child to continue developing a relationship with.
Custody lawyers can present a motion to the court that custody be temporarily placed with the non-deployed party, with the understanding that once the other party returns from active duty that they will abide by the original custody and visitation schedule. This would be an option if the party felt like their visitation would be best placed with the other parent.
Using a power of attorney to delegate your visitation rights prevents the need for modification. This is not to say, however, that the party on the other side of the custody issue won't motion for modification and ask their lawyer to present evidence showing how it would be in the best interest of the child for them to remain with the non-deployed party while the other parent is deployed. In Idaho, however, Boise Divorce Attorneys can tell you the law will place a preference for the visitation rights of a military parent to be delegated through power of attorney.
As a custody lawyer in Boise, I have seen the use of these powers of attorney increase as active military personnel are repeatedly deployed. It is one option to help prevent a major disruption in the child's routine.
If you need to speak to a Boise Divorce Attorney, please call (208) 472-2383
Friday, February 25, 2011
Boise Divorce Attorneys and Mediation
Boise Divorce Attorneys will tell you that in most divorce cases in Idaho their clients are ordered to mediation. Judges in Boise routinely order mediation of outstanding custody and visitation issues. Boise Divorce Attorneys can also tell you that their clients often balk at having to attend mediation. There is a cost involved as well as time. Some parties are unhappy if the mediator is a woman, others are unhappy if the mediator is a man.
Many people see mediation as a hassle and unnecessary. Divorce lawyers, however, will tell you that mediation has its place in divorce and custody cases. Mediation can allow the parties to work out a custody and visitation schedule that works for them. If the parties can agree, and that is often the difficult part, they can decide for themselves who will have the child and when. If the parties do not come to an agreement during the mediation, their custody attorneys will argue each of their sides in court at trial. Each attorney will put forward why custody placed with their client is in the best interest of the child. The judge will listen to each lawyer and make a decision based upon a whole lot of evidence.
Now, while one party may "win", the question remains whether or not the court ordered visitation and custody schedule makes the best sense for the child and the parents. The standard alternating weekends and long summer vacation is not necessarily a convenient custody and visitation schedule. Or, you might find that alternating week on, week off is too disruptive.
Mediation may or may not work for you, but as a Boise Divorce Attorney I suggest to all my clients that they give it a good shot. It can be helpful and it most often makes the best sense for you and your ex to decide custody and visitation schedules instead of a judge. If the parties decide, there is often less need for modification because the decision is based upon their schedules not upon what the judge thinks will work.
If you need to speak with a Boise Divorce Attorney, please call (208) 472-2383
Many people see mediation as a hassle and unnecessary. Divorce lawyers, however, will tell you that mediation has its place in divorce and custody cases. Mediation can allow the parties to work out a custody and visitation schedule that works for them. If the parties can agree, and that is often the difficult part, they can decide for themselves who will have the child and when. If the parties do not come to an agreement during the mediation, their custody attorneys will argue each of their sides in court at trial. Each attorney will put forward why custody placed with their client is in the best interest of the child. The judge will listen to each lawyer and make a decision based upon a whole lot of evidence.
Now, while one party may "win", the question remains whether or not the court ordered visitation and custody schedule makes the best sense for the child and the parents. The standard alternating weekends and long summer vacation is not necessarily a convenient custody and visitation schedule. Or, you might find that alternating week on, week off is too disruptive.
Mediation may or may not work for you, but as a Boise Divorce Attorney I suggest to all my clients that they give it a good shot. It can be helpful and it most often makes the best sense for you and your ex to decide custody and visitation schedules instead of a judge. If the parties decide, there is often less need for modification because the decision is based upon their schedules not upon what the judge thinks will work.
If you need to speak with a Boise Divorce Attorney, please call (208) 472-2383
Monday, February 21, 2011
Boise Divorce Attorneys and Evidence in Divorce and Custody Cases
Having practiced law in Idaho for almost 18 years as a Boise Divorce Attorney I have seen many trend changes in divorce and custody law. One example of this is evidence in divorce or custody trials. Although all evidence is based upon relevancy, any lawyer can tell you that where evidence comes from and what evidence is acceptable has changed.
Facebook has become a popular trend for social networking over the past few years. Facebook has also become a hotbed for divorce and custody evidence. People will post comments about their soon-to-be ex's, things they did to hurt them or the community, such as destroying or selling off property, or how they interfered with a custody transfer. Divorce lawyers can tell you that the courts in Idaho are allowing this in as credible evidence.
My caveat to you, as a Boise Divorce Attorney is to be careful about what you post on facebook. It could come back to haunt you.
If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call (208) 472-2383.
Facebook has become a popular trend for social networking over the past few years. Facebook has also become a hotbed for divorce and custody evidence. People will post comments about their soon-to-be ex's, things they did to hurt them or the community, such as destroying or selling off property, or how they interfered with a custody transfer. Divorce lawyers can tell you that the courts in Idaho are allowing this in as credible evidence.
My caveat to you, as a Boise Divorce Attorney is to be careful about what you post on facebook. It could come back to haunt you.
If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call (208) 472-2383.
Wednesday, February 16, 2011
Boise Divorce Lawyers and Custody Issues
Boise Divorce Lawyers receives hundreds of calls each week revolving around divorce and custody issues. In previous posts I have discussed the frequent question of, "how do I get custody of my child?". In today's blog I am going to discuss facilitating smooth custody and visitation exchanges.
As a Boise Divorce Attorney the most frequent issues I see arise in this regard are untimely drop off or pick up, dispute as to who is picking the child up and what to do in these situations. In general, all divorce and custody cases have these issues but to varying degrees. Sometimes the parties are amenable enough with one another that they can easily work through these issues. Other times, however, it can cause a real strain for the parties and their divorce attorneys. So how do you deal with this?
I think it is an obvious statement that it is only fair and polite to be timely with drop off and pick up and if something arises that you should call ahead and inform the waiting party what has happened and what your expected time of arrival will be. Likewise, it is always best to have an agreed upon party to pick the child up instead of sending perhaps a new boyfriend or girlfriend which will cause undue stress. As a Boise Divorce Attorney I can tell you this is the best way to facilitate pick up and drop off but because of human nature it doesn't always work this way. Sometimes the divorce lawyers can work with each other and help the parties coordinate the exchange issues other times the courts have to be involved.
Divorce and custody is a stressful and emotional time for all parties involved. As a Boise Divorce Attorney part of my job is to help you understand what the issues are and to help you work through them.
If you need to speak with a Boise Divorce Attorney or have divorce and custody issues please call, (208) 472-2383.
As a Boise Divorce Attorney the most frequent issues I see arise in this regard are untimely drop off or pick up, dispute as to who is picking the child up and what to do in these situations. In general, all divorce and custody cases have these issues but to varying degrees. Sometimes the parties are amenable enough with one another that they can easily work through these issues. Other times, however, it can cause a real strain for the parties and their divorce attorneys. So how do you deal with this?
I think it is an obvious statement that it is only fair and polite to be timely with drop off and pick up and if something arises that you should call ahead and inform the waiting party what has happened and what your expected time of arrival will be. Likewise, it is always best to have an agreed upon party to pick the child up instead of sending perhaps a new boyfriend or girlfriend which will cause undue stress. As a Boise Divorce Attorney I can tell you this is the best way to facilitate pick up and drop off but because of human nature it doesn't always work this way. Sometimes the divorce lawyers can work with each other and help the parties coordinate the exchange issues other times the courts have to be involved.
Divorce and custody is a stressful and emotional time for all parties involved. As a Boise Divorce Attorney part of my job is to help you understand what the issues are and to help you work through them.
If you need to speak with a Boise Divorce Attorney or have divorce and custody issues please call, (208) 472-2383.
Monday, February 14, 2011
Boise Divorce Attorneys Role in Domestic Violence Prevention
In today's paper there was an article about a domestic violence standoff over the weekend in Boise. As a Boise Divorce Attorney I often hear form people who find themselves in similar situations. The article outlined how a Boise woman was charged with aggravated assault and two counts of domestic violence. The Boise man was charged with violating a no-contact order and two counts of domestic violence.
Divorce lawyers often recommend that their client's file for a temporary restraining order in order to prevent domestic violence from happening. The case in the newspaper today outlines how restraining orders are not an absolute protection against domestic violence. Could something have been done differently? The newspaper article was not clear but from the view of a Boise divorce lawyer the outcome could have been different. When you have a no-contact order in place the party whom it is protecting can call the police if the other party breaks the no-contact order. It sounds as if the police were not called until after there was a confrontation.
If you need to speak to a Boise Divorce Attorney about a divorce or a domestic violence situation in Idaho, please call (208) 472-2383
Divorce lawyers often recommend that their client's file for a temporary restraining order in order to prevent domestic violence from happening. The case in the newspaper today outlines how restraining orders are not an absolute protection against domestic violence. Could something have been done differently? The newspaper article was not clear but from the view of a Boise divorce lawyer the outcome could have been different. When you have a no-contact order in place the party whom it is protecting can call the police if the other party breaks the no-contact order. It sounds as if the police were not called until after there was a confrontation.
If you need to speak to a Boise Divorce Attorney about a divorce or a domestic violence situation in Idaho, please call (208) 472-2383
Saturday, February 12, 2011
Boise Divorce Attorneys Role in Custody Matters
What role does a divorce lawyer play in a custody proceeding? The answer to that lies in what type of custody situation you are in. In Boise custody cases follow a fairly routine pattern. Once the divorce is initiated one attorney or the other, and at times both attorneys, will motion for temporary orders. Temporary orders are put into place to provide a consistent custody and visitation schedule during the divorce. Thereafter the parties are generally ordered to mediation.
While mediation can be difficult it can be a very helpful and meaningful exercise. If the parties can agree what custody and visitation schedule works best for them they are in control of their custody arrangement, rather than the lawyers arguing about what is best or the judge deciding for them. In this situation the role of a Boise divorce attorney is different than when mediation does not work. If it doesn't work, and sometimes it does not, the role of a Boise divorce lawyer shifts to preparing for trial.
Custody is determined by the best interest of the child. Divorce attorneys in Idaho will put forth the evidence which supports the best interest of the child. Sometimes, for their client that may be why they would make the best custodial parent. It could also be that their client wishes to have more or different visitation and a divorce lawyer would work with those facts to show how that is in the child's best interest.
Rarely are custody cases cut and dry and rarely are they the same from case to case. Because they differ, the role of divorce attorneys differs as well.
While mediation can be difficult it can be a very helpful and meaningful exercise. If the parties can agree what custody and visitation schedule works best for them they are in control of their custody arrangement, rather than the lawyers arguing about what is best or the judge deciding for them. In this situation the role of a Boise divorce attorney is different than when mediation does not work. If it doesn't work, and sometimes it does not, the role of a Boise divorce lawyer shifts to preparing for trial.
Custody is determined by the best interest of the child. Divorce attorneys in Idaho will put forth the evidence which supports the best interest of the child. Sometimes, for their client that may be why they would make the best custodial parent. It could also be that their client wishes to have more or different visitation and a divorce lawyer would work with those facts to show how that is in the child's best interest.
Rarely are custody cases cut and dry and rarely are they the same from case to case. Because they differ, the role of divorce attorneys differs as well.
Friday, February 11, 2011
Boise Divorce Attorney Talks About Custody Differences Between Counties
As a Boise Divorce Attorney I often get calls from people wondering if it is better to bring a divorce and custody action in one county or another. First, let me say that your divorce and custody action has to be filed in the county where you reside. If, however, you have just moved say to Ada County from Canyon County and you still have property in Canyon County but also have property in Ada County and perhaps your children still reside in Canyon County, you are one of the few lucky ones who can choose in which county to file for divorce.
Divorce attorneys can tell you there are differences between counties when it comes to divorce and custody. Divorce in smaller counties is quicker simply because the case load is a lot less. Custody in Idaho is determined by the best interest of the child using and considering factors outlined in the Idaho Code. How these are applied differs between counties. In addition, some counties require that you undergo a home study. Some counties require that you go through mediation. It is the job of divorce lawyers to present the court with evidence that supports how their client meets the criteria for the best interest of the child. It is the judge's job to make the ultimate custody decision
If you need to speak to a Boise divorce lawyer please give us a call at (208) 472-2383
Divorce attorneys can tell you there are differences between counties when it comes to divorce and custody. Divorce in smaller counties is quicker simply because the case load is a lot less. Custody in Idaho is determined by the best interest of the child using and considering factors outlined in the Idaho Code. How these are applied differs between counties. In addition, some counties require that you undergo a home study. Some counties require that you go through mediation. It is the job of divorce lawyers to present the court with evidence that supports how their client meets the criteria for the best interest of the child. It is the judge's job to make the ultimate custody decision
If you need to speak to a Boise divorce lawyer please give us a call at (208) 472-2383
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