Tuesday, March 11, 2014

Boise Divorce Attorney - Family Law Lawyers in Idaho

Decisions Decisions - Who Decides; Judge, Divorce Attorney or Parties?

As a Boise Divorce Attorney I am often involved in divorce cases where the parties simply cannot come to an agreement regarding the split of their property or as to the custody of their children.  Why would a family law lawyer expect there to be an agreement and what do you do when there isn't?

Agreement by the Parties With the Help of Their Attorneys or Mediators or Why Family Law Lawyers Would Expect Agreement

Agreement is a very important tool to the smooth resolution to a divorce and custody case.  Basically, when the parties agree they get what they want.  When people get what they want, they are happy.  It is basic psychology.  When the parties agree, they are able to communicate to their divorce attorneys the terms of the divorce and custody which they are happy with.  The attorneys then present the matter for judicial approval and order.

If the parties are having difficulty agreeing.  A  a judge will simply order mediation or the divorce attorney or the judge might suggest for the parties to smooth things out with the help of their divorce attorneys.  In the first scenario, the parties present their respective sides to a mediator who helps them work through their issues, negotiate and compromise to come to a mutually acceptable agreement.  In the second case, the judge may suggest that the parties step out in the hall before the case goes to trial and work things out or the attorneys will suggest a settlement conference. Either way, the parties decide.

What Happens When the Parties, by Their Own Consent or With the Help of Their Divorce Attorneys or Mediators, Can't Agree?

When the parties to an action don't agree, the judge does.  What this means is you may not be very happy with the outcome.  Your family law lawyer will present to the judge the reasons, for example, that you should keep the house, have primary physical custody and the like, but if the judge, after seeing the other side's argument, doesn't agree with you, the judge will decide who gets the house or who gets custody or what that custody order will look like.

Now, it is possible that you have a very strong case and you are able to get exactly what you want, at least on some issues.  However, by way of example, if you both want the house the judge will often act according to the Wisdom of Solomon; split the baby in half.  Not literally, of course, but the judge may very well order that the house be sold and the proceeds or the debt be split equally.  Who wants a debt without anything to show for the effort?

So now you can see the importance of agreement in a divorce and custody case.  If you are seeking a divorce or custody and are looking for a Boise Divorce Attorney or Idaho Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you.  You can also visit us at our Divorce website or our main Boise Divorce Attorney website by clicking on the highlighted links.

9 comments:

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