NAMPA DIVORCE ATTORNEY
The decision on whether to initiate or follow through with a divorce may be the toughest decision that you have to make. It is a life changing event. Whether you and your spouse have disputes regarding the finances or whether there are minor children involved, the Nampa Divorce Lawyer at Idaho Divorce Center will be able to identify all the issues that may arise in your divorce case, work through them, and aggressively fight to get you what you want.
The Divorce Case
Although each case is different and faces its unique challenges, the divorce process may go one of two ways. First, the parties may be able to sit down and agree on the issues that they face such as division of community property, division of the community debts, and the child custody arrangement if there are minor children involved. Second, if the parties relationship is tense, the divorce case may be a battle between the two parties.
If your situation falls into the first category, the divorce process should be fairly amicable and should not take that long. In that event, your Nampa Divorce Attorney will be able to identify the issues, gather the necessary information, and prepare the documents that must be submitted to the court so that your divorce will be granted in short order.
However, if your relationship with your spouse and your situation does not allow the two of you to agree on a majority of the issues, consulting with a Nampa Divorce Lawyer is a must to ensure that you are taken care of. If not, you may be getting the short end of the stick when it comes to division of the community property, division of the community debts, child custody, and the amount of child support that is obligated to be paid (whether you are the one receiving it or the one paying it).
Division of Community Debts
Idaho is a community property state. That means that if left up to the court, they will divide the community property down the middle as much as possible. There are situations where the court would award one party more than the other such as when there has been domestic violence, the other party has a higher earning capacity, or there are other circumstances that would entitle the party to a greater share of the community property. However, if both parties can agree, they can divide the assets how they see fit, even though it may not be 50/50.
As stated above, Idaho is a community property states. As a result, if the parties are unable to come to an agreement regarding the division of community debts, the court will divide the community debts equally (50/50) as close as possible. As with the property, the court may look at the circumstances of the parties in awarding community debt. But, again, the parties may agree on a different split of the community debts.
Child custody is usually one of the most contentious issues in a divorce case. If the parties are unable to agree on a parenting plan establishing who will have custody of the children and when, the court will decide how and when the parents will have physical custody of the minor children based on the best interests of the children. The court will essentially look at all the circumstances surrounding the minor children and the parents, but according to the law, they will specifically look at the following factors:
- The wishes of the child’s parent or parents as to his or her custody;
- The wishes of the child as to his or her custodian;
- The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
- The child’s adjustment to his or her home, school, and community;
- The character and circumstances of all individuals involved;
- Whether there has been any domestic violence in the relationship of the parties, whether or not in the presence of the child.
If you are facing a custody battle, you do not want to go it alone, and should consult with a Nampa Divorce Attorney as soon as possible.
In most circumstances, the amount of child support that a party is obligated to pay is based on the Idaho Child Support Guidelines. The Guidelines is a complicated formula that takes into account the parties’ income, the proportionate amount of time that each party has the minor children, and several other factors. Each situation is unique and requires the consideration of all the factors in order to come to the correct conclusion as to the proper amount of child support.
However, as with the other issues regarding a divorce case, the parties may come to an agreement as to the amount of child support that is outside the guidelines. In any event, whether you are the party receiving or paying child support, you should contact a knowledgeable Idaho Family Law Attorney to go over your situation.
Contact the Idaho Divorce Center
Our Nampa Divorce Lawyer will be able to go over your case, discuss your options, and come up with a plan to accomplish your goals. Contact us today to schedule a consultation.