Boise Divorce LawyersAs a Boise Divorce Attorney I often get calls from individuals who live in different jurisdictions and want to know if they have to come to an Idaho Court to file for divorce, to modify their child support order or to modify their custody arrangement. The basis of their question stems from the fact that they at one time lived in Idaho or their children were in Idaho and they got a divorce here or had custody or child support established here.
The answer to this questions is based upon a principle of the law called jurisdiction. Jurisdiction means the court has authority and it is the proper place to bring an action. For example, if you and your soon-to-be ex live in Boise, you or your divorce lawyers will file for divorce in Ada County because you resided here. If you have no connection to Boise or to Idaho you would not file for divorce here, unless one of the spouses has moved here and has lived here for at least six weeks.
There are some tricking issues that arise when one of the parties does not live in Idaho. One example is you can have a divorce in Idaho as long as you have been here for six weeks, but if you have children the Idaho Court cannot exercise jurisdiction over them (i.e. make a custody and support determination) if they do not live in Idaho (unless the are visiting and there is an emergency situation). There is another tricky issue that works the other way around. If you got a divorce in Idaho and then moved away, and then you want to modify the custody or support portion of it can you do that in your new state? The answer to this is no. You must either come to Idaho or have a Boise Divorce Attorney represent you and file the appropriate pleadings in the county where the children reside. This can create all sorts of issues. If for example, child support in your state is a certain amount, it may not be the same in Idaho and you will be subject to the amount that established by the Idaho Child Support Guidelines.