Boise Divorce Lawyer
No matter what the circumstances are, dealing with a divorce is a hard situation to deal with. Depending on whether there are financial issues that need to be worked through or you anticipate there will be a tough battle regarding child custody, the Boise divorce attorney here at Idaho Divorce Center will be there for you, guide you through the process in a way that will try to minimize the stress and hassle.
The Divorce Process
As with every other type of case, each divorce case is different. However, the main issues that need to be decided in every case are the following:
- The division of the community property (the personal property that the parties have acquired during their marriage or property that was once owned only by one party, but has become community property during the marriage).
- The determination of whether there is any separate property (property that one party owned before the marriage, or became separate property after the marriage, and has not transformed into community property during the marriage).
- If the parties have acquired any real property during the marriage, or the real property becomes community real property during the marriage, the parties will need to decide who will get the real property (house) after the divorce, whether the other party is entitled to any amount of money due to equity in the house, or whether the house will be sold and the proceeds of the sale will be split between the parties.
- The division of community debts (debts that the parties incurred during the marriage),
- If there are minor children, the parties will have to decide how the parties would like to arrange the custody of the minor children. If the parties are unable to agree on a custody arrangement, the parties will present evidence to the court regarding what custody arrangement, also known as a parenting plan, is in the best interests of the minor children. The factors that come into play when deciding the best interests of the children are discussed in more detail below.
- Moreover, if there are minor children, the parties will have to decide the proper amount of child support that should be paid. Generally speaking, the child support amount is based on the Idaho Child Support Guidelines. However, the parties may agree on an amount of child support outside the guidelines.
In some situations, the parties can agree on everything from the financial decisions to how the parenting plan will be laid out. In that case, your Boise Divorce Attorney will be able to help you gather the needed information and documents to prepare your divorce filings and the case should not take too long.
In other situations, the divorce is a heated battle between the parties. In that event, the Boise Divorce Lawyer at Idaho Divorce Center will aggressively fight to get you the best possible outcome. As stated above, each case is unique and we will cater the preparation of each case to your specific needs and wants. However, there are certain steps to each divorce case that are mandated by the Idaho Rules of Family Law Procedure.
First, each case starts with one party filing a petition for divorce. The petition must contain certain information such as 1) the residence of the parties, 2) the grounds for the divorce, and 3) if there are minor children involved, the name and birthdate of the children, the residence of the children for the last five years, whether anyone else is asserting custody, and whether there are any other proceedings that could affect the custody of the children such as civil protection orders or prior custody determinations.
Second, once the Petition for divorce has been served on the other party, the other party has 20 days to file a response to the petition. Generally speaking, the response will admit or deny the allegations contained in the divorce petition and may contain a counterclaim. The counterclaim usually lays out the wishes of the other party regarding division of assets, division of debt, child custody, and child support. If the other party does file a counterclaim, the original filing party must file and serve a response to the counterclaim.
Third, after both parties have filed the initial documents, the case proceeds to the discovery stage. The discovery stage gives each party an opportunity to ask the other party questions and request that they turn over certain documents. Regardless of whether either party serves discovery on the other party, each party must turn over certain documents to the other side, call mandatory disclosures. The mandatory disclosures that are required include:
- An Affidavit Verifying Income,
- Proof of income of the party from all sources including W-2’s, 1099 forms, and K-1 forms for the past two years,
- Recent paystubs,
- Proof of the amount of court-ordered child support and spousal maintenance actually paid by the party in any case other than the one in which disclosure is being provided,
- Proof of the cost of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition,
- Proof of the cost of any child care expenses paid by the party for any child listed or referenced in the petition,
- Proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition, and
- Proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed or referenced in the petition.
Fourth, depending on the wishes of the parties, the case may proceed to mediation. The mediation stage gives both parties the opportunity to sit down with a court-appointed mediator and try to resolve the case between the parties.
Fifth, if the parties have not resolved the case through mediation or otherwise, the case will proceed to trial. The trial is each parties’ opportunity to present their evidence to the judge to decide the remaining issues in their case such as division of assets or debts, child custody issues, and child support issues. Trial is a complicated process involving questioning witnesses and putting forth the evidence in an understandable format and sequence that is allowable under the rules of evidence and procedure. At the end of the trial, the judge will decide and make a final ruling on your case that each party must comply with.
Contact a Boise Divorce Attorney today
The lawyer at the Idaho Divorce Center will be able to assist you in your Boise divorce case. Contact us today to set up a consultation.