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.
Showing posts with label Boise divorce attorneys. Show all posts
Showing posts with label Boise divorce attorneys. Show all posts
Wednesday, March 23, 2011
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.
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.
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.
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.
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.
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