Temporary Orders in Divorce - Boise Divorce Attorney's Perspective - (208) 472-2383

Temporary Orders in Divorce - What Do They Do?

Divorce, when contested, can be a very long process.  What happens to everything that you and your spouse had together during the divorce process?  Who do the kids stay with?  Who pays the bills? Who is responsible for getting the kids to and from school or to the doctor?  This is the world of temporary orders.  When the parties to a divorce cannot get along well enough to agree or maybe even discuss daily life, your attorney might suggest temporary orders.

If you need temporary orders your attorney will motion the court and present your case to the judge. This is sort of a mini trial.  The judge will listen to both parties and make the determination of what will happen between now and the actual divorce trial.

Do You Need Temporary Orders?

Often times clients will come in and tell me that their friend, their sister or their cousin had temporary orders in their divorce case and that they want to do the same.  Wanting and needing temporary orders are two different things.  I cannot stress that point enough.  Temporary orders are the judge telling you what to do rather than you and your spouse doing what you know how to do and doing what you have been doing.  Like I have said before about mediation; it simply works better for the parties to work out their own agreement than to have the judge do it for you.  You know what works best for you.

There are situations where one party or the other is being unreasonable and temporary orders are necessary.  They will help make a smooth transition on daily functioning of your life during the divorce process if your spouse is making every little decision into a conflict.

Are There Draw Backs to Temporary Orders?

Like with anything in life and divorce, there are always draw backs.  The first draw back is cost.  It can be expensive to have your divorce attorney put together the motion, the supporting documentation and to have a mini-trial.  Some attorneys will require the money for the motion and hearing upfront because it can be an expensive process.

The other draw back the really sticks out is what is known as status quo.  The status quo refers to the existing situation.  If you are in a high conflict divorce for over a year and you have temporary orders which place the children with mom 90% of the time, a judge is less likely to say, at the time of the divorce trial, "now lets split the custody 50/50".  Likewise, if the kids stay with dad 60% of the time and go to the school in his neighborhood, after a year or more of ongoing divorce proceedings will the judge now say "mom gets the kids 75% of the time and they will go tho her neighborhood school"?  Child custody is determined by the best interest of the child and often the status quo is in the best interest of the child because it is the most stable and consistent thing the child knows in the divorce process.

Again, these two reasons alone (and there are many more) highlight the importance of trying to work things out civilly between the two parties, rather than having a judge decide.  Your family law lawyer is a tremendous resource in this area because they are very familiar with the respect that is given to a stipulation by the judge.  They are also very knowledgeable about what a judge would find important and what they would find questionable.  They, or your mediator, can also help you negotiate terms which you are having difficulty deciding upon. They also help you preserve your rights and your best interest in the divorce. But in the end, it works best for the two parties to come together and decide how things will work during the divorce process.

If you need to speak with a Boise Divorce Attorney give us a call at (208) 472-2383 or click here to visit our website, or click here for more information on divorce in Idaho.

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

The Role of a Divorce Lawyer
As a Boise Divorce Attorney, I routinely provide divorce services to my clients.  But, what does it mean to provide divorce services?  What is the role of a divorce lawyer?  I pose this question because a divorce is a very complex thing.  There are the legal aspects and then there are the social, emotional and potentially spiritual aspects to it.

What a Divorce Lawyer Does
As a Family Law Lawyer, I initiate or respond to a divorce.  I help clients make determinations as to how and why property should be divided.  I help clients understand custody, determine the best custody situation, establish child support amounts.  I negotiate with the other side to get the best settlement for my client.  I file motions, responses, temporary orders, briefs and final orders with the court in support of my client.  I argue before the judge my client's case.  My role is to take the client through the loops and the hoops of the law.

To a degree I also must counsel my clients.  Divorce is a very emotional occurrence; something people don't go through personally everyday.  I see the effects on people daily and I see what pours fuel on a fire and what helps to make things go smoothly.  However, I also always tell my clients that there are many resources out there for counseling and counselors who are best equipped to help them emotionally, spiritually and socially.

Emotional, Social and Spiritual Support Before, During and After Divorce
Just as a legal professional can make your divorce go smoothly and have the best outcome for you, a professional counselor can go a long way helping someone through a divorce.  Long after your divorce is completed, you will continue to suffer the effects of divorce and will continue to need support.  They don't call marriage a life decision for nothing and the end of a marriage has life long consequences, especially if you have children.

While a court will order mediation and a court will order child support and a court will order custody, a court doesn't order you to take care of yourself.  Professional counseling will help you do that.  If you are struggling through your divorce, avail yourself of the resources available to you.  Understanding what the professionals you have employed in your life can do for you can help you make the best of your situation.

If you are seeking a divorce and need to speak to a Boise Divorce Attorney, give us a call and see what we can do for you, 208-472-2383.  You will be glad you did.

Contempt of Court - Boise Divorce Attorney (208) 472-2383

Contempt of Court

Being held in contempt of court is not a legal situation unique to family law.  You can be held in contempt of court by any judge in any court.  But what exactly is contempt of court and how does it apply to family law?

What is Contempt?

Whenever a judge orders you to do something, you are required to do it just as the judge tells you.  If you do not, you can be held in contempt of court, meaning the judge can punish you for not doing what you were told. Often, like in the case of divorce law, the other side brings a motion against you telling the judge that you did not comply with his or her order and asking them to hold you in contempt.  

Contempt in a Family Law Court

As a Boise Divorce Attorney, I see contempt cases all the time.  There can be many different reasons people, within the Family Law Court, are held in contempt.  Often in a court order, for example, a person will be ordered to sell or refinance the community home within a certain time period.  If they fail to comply, the other side can bring contempt charges against them.  What if, however, the party who was ordered to act tried their best to sell the house but was unable due to market conditions?  Or, what if their credit was ruined in the course of the divorce and they could not qualify for refinancing?  These are very common situations I see as a family law lawyer.  Like so many things in the law, there isn't a cut and dry answer.  A judge may say, "you didn't comply" period and "you go to jail"  More likely, however, a judge will look at the circumstances surrounding the contempt.  They might look at the effort you used to sell the house or why your credit was bad.  Did the other side do something to hinder your credit?  Was your credit bad before the divorce?  The judge will also look at whether you were ordered to do something or you agreed to do something.  That little difference between being ordered and agreeing can be huge!  Sometimes the judge will also look at something known as "clean hands".  Has the other party violated the order just as much?  Much like the kettle calling the pot black!

Contempt is a very serious charge that can result in jail time.  You should never take it lightly.  While you may think you have a valid justification for your non-compliance the judge may not.  Judges do not like to see their orders ignored!

If you have a divorce or family law issue and you need to speak to a Boise Divorce Attorney, give us a call, (208) 472-2383.  You will be glad you did.

Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383 Changes During a Pending Case

Modification
I have often spoken about modification in my divorce and family law blogs.  Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.

When speaking of modification this way, it seems that post divorce or custody is the only time changes occur.  That, however, is slightly misleading.  As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.

For example, Magistrate Judges in Ada County order issues of custody to be mediated.  The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do.  They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement.  If they agree they then sign the agreement and that is incorporated into the divorce and custody order.

Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child.  For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent. 

Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification?  As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance.  It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent.  Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.

If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.

Boise Family Law Lawyers - Idaho Divorce Attorneys (208) 472-2383

Holiday Visitation
With the holidays approaching quickly many people are scrambling to make certain their visitation schedules are in order and they know who has the kids and when.  As a Boise Divorce Attorney I receive numerous calls concerning visitation this time of year.

Changing Visitation
When you go through a divorce or a custody case the final order will include a visitation schedule.  This schedule is not just the weekly schedule rather it will include holiday visitation for every year until the child turns 18 years.

As a Boise Family Law Attorney I receive several last minute phone calls from individuals wanting to change their holiday visitation.  Sometimes they want to change the dates, sometimes they want to make the visit longer and sometimes they want to flip-flop holidays.  While change is not out of the question, it can be difficult to get on short notice.

The best way to get your visitation changed is by mutual agreement between the parties.  This ensures that there is a smooth change and everyone is in agreement.  If you have an unforeseen incident and the other party does not want to give you their permission for a change you can ask the court for its help.  However, it can be difficult to get into court quick enough to fix the problem.  When this happens and you go ahead with your plans, it is a great possibility that you will be brought up on contempt charges for violating the custody order.

Emergency Change in Visitation
Part of the reason the court does not want people running to it constantly to change a visitation schedule is that you have very advance notice of when and where your visitation will be.  It expects you to plan accordingly.  There are those situations, however, where you have not control over the situation.  For example, say you are out of town with your child and are scheduled to return in time for a Sunday night custody swap and there is a snow storm and you can't get back for three days.  Now while this is a true emergency situation, it is unlikely that your Boise Divorce Attorney can even get in front of a judge to get an order allowing the change.  In these situations, if the other side persists in bringing contempt charges against you the judge will look at your violation of the order in a different light than had you acted intentionally without the other party's permission.

My best advice as a Boise Family Law Lawyer is to plan ahead of time and stick to your schedule as best as you can.  If you need to make a change and you and the other party cannot agree contact your attorney several months in advance to ensure you get the best possible outcome.

If you need to speak to a Boise Divorce Attorney please give us a call, (208) 472-2383 and see what we can do for you.