Divorce in Idaho
As a Boise Divorce Attorney I see a whole range of divorce cases. Some settle very amicably while others are knock down drag out lengthy court battles. Today, I will focus on those cases where the divorce settles quickly, but specifically in regard to mutually agreed upon terms.
Default Divorce
You can have a divorce that settles quickly in a couple of ways. One way is to have a default divorce. In a default divorce, one party files a complaint outlining exactly what the terms of the divorce should be. The other party is served with the papers. Ordinarily in divorce, you must file an answer and if you don't the other party can take exactly what they asked for by default. If you and your spouse agree to all the terms this is a very quick way to get divorced. Inevitably, however, someone will change their mind and decide the terms are not fair. The case can proceed and changes can be made simply by the other party filing an answer within 20 days of receiving the divorce complaint.
Property Settlement Agreements in Divorce
The Idaho Family Law Courts see thousands of divorces a year. Many will start out very contentiously, however, many often settle because the courts really push mediation to help divorcing couples resolve their issues. One way to put your agreement on the record is to create a property settlement agreement. This is basically a contract between the two parties agreeing to the terms and conditions of the divorce. It is a very effective tool to settle divorce issues.
One caveat, however. It is critical to ask the court to retain jurisdiction over the case in the property settlement agreement. If you don't, then when a party fails to comply with the terms or there has been a substantial and material change of circumstance, the court no longer has jurisdiction to hear the case or make changes. If you want to enforce the agreement, you must start a new case to get a judgment against the other party.
If you are seeking a divorce and need to speak to a Boise Divorce Attorney, give us a call, 208-472-2383, you will be glad you did.
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