Friday, November 29, 2013

Boise Divorce Attorney 208-472-2383 Idaho Family Law Lawyers

Property Division in Divorce
As a Boise Divorce Attorney I hear from a lot of people who wonder how and why property is divided in divorce.  The general answer to this is that property pursuant to divorce is split according to Idaho community property laws.  If you are unfamiliar with the law this seems like a rhetorical answer and in fact, it really doesn't tell you much even if you have some understanding of the law.

Who Get's How Much in Divorce?
In today's discussion I am not going to focus too much on community property and what that entails.  For a more in depth discussion of that concept please visit www.lawboiseid.com.  What I want to discuss is the practical division of property in divorce.  I generally tell my clients that a judge will begin with the premise of a 50-50 split.  That figure is based upon community property concepts.  What happens after that division depends upon a lot of factors such as the concept of unequal but equitable division.  Basically, that's the concept that fair doesn't mean equal.  Your Boise Divorce Lawyer puts together the evidence you have in your case to help show the judge, or the other side if you are in negotiation, how 50-50 isn't necessarily fair. It is in this fashion that you may end up with an unequal split.  On the other hand, it may be the case that the judge sticks with the fairness concept of a 50-50 division.

Factors to Consider in Division of Property Pursuant to Divorce
While there is no general factor or set of factors that says that one activity leads to a reduction in assets taken pursuant to divorce there are general trends that can lead to an unequal division.  For example, if one party has contributed more to the community, prevented the other party from contributing to the community or by the nature of your relationship one party has had a greater economical contribution while the other party has taken care of the children, are all factors to consider and which can play out differently depending upon the facts of the case.  The concept that I am trying to convey is that even though the split of property pursuant to divorce in Idaho is based upon community property, each case has its individual set of facts and circumstances which can effect the outcome of the case.

If you have found yourself in need of a Boise Divorce Attorney, please give us a call and see what we can do for you, 208-472-2383.  You will be glad you did.

1 comment:

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