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.
Friday, November 29, 2013
Monday, November 18, 2013
Holiday Visitation Schedule
It's that time of year again when I like to discuss holiday visitation. As a Boise Divorce Attorney I spend a lot of time with my divorce clients reminding them to consult with their divorce decrees and custody arrangements so they know who has the kids this holiday season. Inevitably, however, there are always glitches.
What the Divorce Decree Says
When I talk about glitches I mean anything from miscommunication to flat out disregard for the original custody order in the divorce decree. No one should be in the dark about who has a child for Thanksgiving or Christmas vacation. The parties either agreed to dates in mediation or the judge ordered who would have what visitation. Miscommunimcation happens when the parties think they have agreed to something other than what is in the decree. The best way to prevent this is to keep any agreed upon changes in writing. It can be very frustrating for someone to make plans and have those fall through because of confusion.
Far worse than miscommunication is flat out disobeying your court order. The scenario is obvious; You are supposed to have the kids for Thanksgiving. Your ex fails to meet for the exchange and instead takes the kids with them for their own Thanksgiving visitation and your ex denies you of your court ordered time. What can you do about it? A lot of the depends upon when the vacation is supposed to start. Even on emergency orders it is very difficult and rare to get into the court a day or two before Thanksgiving or Christmas. Usually, this is dealt with after the fact with contempt motions and orders. While that does nothing for your immediate plans, the courts do not look kindly on contempt.
Visitation Before Divorce
A different situation occurs when your divorce has not yet been finalized. Your divorce attorney will have moved for temporary orders and in those orders there will be information as to who has the children for what holidays. Often the difference in temporary orders and a final order fall under taking the child out of the jurisdiction pending the divorce. You may have Christmas vacation visitation, but you may not take your kids out of state without written approval by the other parent. This differs from visitation after divorce. Generally, after divorce, within your visitation time you can take the kids with you out of state without the other party's approval as long as they are returned on time.
Whatever your holiday visitation schedule is, it is always best to follow what has been ordered by the court unless you get any change in writing and signed by both parties. You can limit the involvement of the court and your Boise Divorce Attorney by doing this and thereby limit your out of pocket expenses. Just a reminder;: Double Check your holiday visitation schedule before you make plans and if you want to do something different talk to the other parent about any changes you would like to see.
If you are seeking a divorce or need to speak with a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You will be glad you did.
It's that time of year again when I like to discuss holiday visitation. As a Boise Divorce Attorney I spend a lot of time with my divorce clients reminding them to consult with their divorce decrees and custody arrangements so they know who has the kids this holiday season. Inevitably, however, there are always glitches.
What the Divorce Decree Says
When I talk about glitches I mean anything from miscommunication to flat out disregard for the original custody order in the divorce decree. No one should be in the dark about who has a child for Thanksgiving or Christmas vacation. The parties either agreed to dates in mediation or the judge ordered who would have what visitation. Miscommunimcation happens when the parties think they have agreed to something other than what is in the decree. The best way to prevent this is to keep any agreed upon changes in writing. It can be very frustrating for someone to make plans and have those fall through because of confusion.
Far worse than miscommunication is flat out disobeying your court order. The scenario is obvious; You are supposed to have the kids for Thanksgiving. Your ex fails to meet for the exchange and instead takes the kids with them for their own Thanksgiving visitation and your ex denies you of your court ordered time. What can you do about it? A lot of the depends upon when the vacation is supposed to start. Even on emergency orders it is very difficult and rare to get into the court a day or two before Thanksgiving or Christmas. Usually, this is dealt with after the fact with contempt motions and orders. While that does nothing for your immediate plans, the courts do not look kindly on contempt.
Visitation Before Divorce
A different situation occurs when your divorce has not yet been finalized. Your divorce attorney will have moved for temporary orders and in those orders there will be information as to who has the children for what holidays. Often the difference in temporary orders and a final order fall under taking the child out of the jurisdiction pending the divorce. You may have Christmas vacation visitation, but you may not take your kids out of state without written approval by the other parent. This differs from visitation after divorce. Generally, after divorce, within your visitation time you can take the kids with you out of state without the other party's approval as long as they are returned on time.
Whatever your holiday visitation schedule is, it is always best to follow what has been ordered by the court unless you get any change in writing and signed by both parties. You can limit the involvement of the court and your Boise Divorce Attorney by doing this and thereby limit your out of pocket expenses. Just a reminder;: Double Check your holiday visitation schedule before you make plans and if you want to do something different talk to the other parent about any changes you would like to see.
If you are seeking a divorce or need to speak with a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You will be glad you did.
Saturday, November 9, 2013
Boise Divorce Attorney - 208-472-2383 - The Connection Between Family Law and Criminal Law
Divorce Law and Criminal Law - Unlikely Bed Fellows
As a Boise Divorce Attorney I am often in both the divorce court and the criminal court. To some people family law and criminal law seem like unlikely bed fellows. Unfortunately, they can and often are connected.
There are two main times in a family law case that criminal law a domestic law come into contact with one another. The first connection is through contempt and the other is through domestic battery. There are other situations that will bring the two together, but these two are the most common.
Contempt of Court in the Divorce Context and Criminal Charges
First, let's talk about contempt. Contempt of Court occurs when someone intentionally disobeys a court order. In the divorce or family law context that can happen when one party is ordered to something and they don't. Common examples are failure to pay child support, failure to pay medical bills, failure to make a solid effort to refinance a community home. Contempt can carry criminal charges with it. If your ex-spouse fails to perform in a way the court has ordered your divorce attorney will file a motion for contempt. Ultimately, it is up to the judge, but that motion can ask for criminal sanctions such as a fine or jail time. Generally, however, the motion is filed and the filing of the motion is enough to get the other side to pony up the money they owe or to do what they were ordered to. Sometimes, however, they simply can't pay the money that was owed, could not refinance the house or were not given the proper notice for their obligation to kick in. These are justifying circumstances which the judge will consider in deciding what to do.
Domestic Battery as a Criminal Charge in Divorce
Another situation where criminal law and divorce law meet are in the case of domestic battery. While battery is a criminal charge if the battery occurs within a domestic relationship it is handled in the family law court. That does not mean, however, that it does not carry criminal sanctions. It does and they are very serious sanctions. If a domestic battery is found to have occurred, the perpetrator will be ordered to stay away from the victim and if they don't they can be arrested and sanctions will be brought against them.
If you have found yourself in a situation where you need a divorce attorney, a criminal lawyer or both, give us a call, 208-472-2383 and see what we can do for you - You will be glad you did.
As a Boise Divorce Attorney I am often in both the divorce court and the criminal court. To some people family law and criminal law seem like unlikely bed fellows. Unfortunately, they can and often are connected.
There are two main times in a family law case that criminal law a domestic law come into contact with one another. The first connection is through contempt and the other is through domestic battery. There are other situations that will bring the two together, but these two are the most common.
Contempt of Court in the Divorce Context and Criminal Charges
First, let's talk about contempt. Contempt of Court occurs when someone intentionally disobeys a court order. In the divorce or family law context that can happen when one party is ordered to something and they don't. Common examples are failure to pay child support, failure to pay medical bills, failure to make a solid effort to refinance a community home. Contempt can carry criminal charges with it. If your ex-spouse fails to perform in a way the court has ordered your divorce attorney will file a motion for contempt. Ultimately, it is up to the judge, but that motion can ask for criminal sanctions such as a fine or jail time. Generally, however, the motion is filed and the filing of the motion is enough to get the other side to pony up the money they owe or to do what they were ordered to. Sometimes, however, they simply can't pay the money that was owed, could not refinance the house or were not given the proper notice for their obligation to kick in. These are justifying circumstances which the judge will consider in deciding what to do.
Domestic Battery as a Criminal Charge in Divorce
Another situation where criminal law and divorce law meet are in the case of domestic battery. While battery is a criminal charge if the battery occurs within a domestic relationship it is handled in the family law court. That does not mean, however, that it does not carry criminal sanctions. It does and they are very serious sanctions. If a domestic battery is found to have occurred, the perpetrator will be ordered to stay away from the victim and if they don't they can be arrested and sanctions will be brought against them.
If you have found yourself in a situation where you need a divorce attorney, a criminal lawyer or both, give us a call, 208-472-2383 and see what we can do for you - You will be glad you did.
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