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.

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.

The Link Between Divorce and Bankruptcy - Boise Divorce Attorney - Idaho Bankruptcy Lawyer 208-472-2383

Divorce and Bankruptcy

As a Boise Divorce Attorney and Idaho Bankruptcy Lawyer I field numerous questions about the effect of bankruptcy on divorce and visa versa.  Probably the most common question I receive has to do with the timing of bankruptcy.  People want to know if they should file for bankruptcy before or after divorce.  There are a few things which must be considered when answering this question.

Community Property and Debt in Idaho
Idaho is a community property state.  It follows, therefore that it is also a community debt state.  If you are considering filing bankruptcy before, during or after divorce, you must consider the effect of community debt on your bankruptcy.

The debt you incur during a marriage is a community debt (with a few exceptions which won't be discussed here today).  If one party files for bankruptcy before divorce, they will include all the community debt in the petition.  If the bankruptcy is accepted by the court, the debt is discharged as to that individual, but not to the other member of the community.  This potentially leaves the non-filing party with the complete responsibility of all the debt.  It general, it is always best for a couple to file bankruptcy together so that all the dischargeable debt is discharged for both parties.

Bankruptcy After Divorce
Another twist pops up when you file for bankruptcy after divorce.  When you split the community debt with each party taking a certain split of what is owing, that technically does not leave the other party free from those debts.  They are still community debts but the responsibility is just assigned to one party or the other. If the party assigned the debt fails to pay there are legal avenues to get a judgment against them or order them to pay.  If one party files for bankruptcy after the divorce and the non-filing party will still be responsible for the debt split in the divorce.

Yet another complication is when an individual files for bankruptcy after a divorce and fails to include all the community debt.  Sometimes people think they just need to include the debt they were assigned in the divorce.  In all likelihood, however, the trustee in bankruptcy will discover this over site and require the petition to be amended to include all the debt.

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

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.

Boise Divorce Attorney 208-472-2383

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.

How Much is My Personal Injury Worth - Boise Personal Injury Lawyers - (208) 472-2383

How Much is a Personal Injury Worth in Idaho?

As a Boise Personal Injury Attorney I get frequent questions from people wanting to know how much there injury is worth.  What kind of settlement can I get for my personal injury?  As with all legal issues, there is no cut and dry answer.  There are several factors, however, to keep in mind when trying to quantify how much your injury is worth.

Types of Damages in Personal Injury Cases

You might hear a personal injury lawyer speak about compensatory damages.  These are damages award to compensate a person for their injury.  Compensatory damages include special damages, general damages and potentially punitive damages.

Special Damages

Most attorneys will start with identifying something known as special damages.  These are fairly easy to identify because they include actual expenses including things like medical bills, prescription costs, lost wages, durable medical goods, such as crutches and the like.     

It is important if you have suffered a personal injury to keep a good record of these expenses because the extent of your injury can be manifest in your medical bills, though not always.  At any rate, you will need to be able to identify the cost of your injuries.  If you have been injured and you never go to the doctor, you lose evidence of your injury and you have no evidence to prove your damages.

General Damages

Another type of damage personal injury attorneys look at is general damages which are non-quantifiable damages such as pain and suffering, loss of enjoyment of life and loss of consortium.  While special damages are easy to quantify, these general damages are less easy to identify.  For example, how much is the pain and suffering associated with a broken back?  In order to value the non-quantifiable damage, it is important to look at the extent of the medical bills because they can indicate the severity of the injury, though not always.  It is also important to look at the circumstances of injury.  For example, if you have two automobile accidents that are similar in nature, you may end up with two widely varying damage awards based upon the circumstances of the situation.  If you have a rear end accident that is caused by a 75 year old woman driving in the rain and she hits you and is cited for following too closely and going too fast for the conditions outside vs. you have a rear end accident caused by a 25 year old intoxicated male who is cited for DUI, you may end up with a different award amount because of the surrounding circumstances of the case.   

In regard to types of general damages, I often am asked, “what is loss of consortium?”  Consortium is your relationship with your spouse, your children or society in general.  Consortium with your child means your relationship and how you related.  Your closeness as parent and child.  Loss of consortium with a spouse includes your relationship but also your sexual relationship.  If you injury caused you to lose that closeness or sexual intimacy with your spouse, you have a loss of consortium.  If you no longer have a sexual relationship or you sought a divorce after the accident because of the loss of consortium, this emotional for of injury is often a recoverable damage. 

Another factor that can affect the amount of damages awarded is the condition of the plaintiff.  For example, an older person will generally take longer to heal than a young person.  Pain and suffering will associated with a paralyzation will affect a younger person for a longer duration than an older person and therefore the award for that loss will be more.  A scar on the face of a young woman will be valued at a greater degree than a leg scar on a same aged male because of what our society values as beauty.

One other interesting fact about personal injury is that you can recover general damages for yourself but also for those close to you who witness or are affected by your injury.  For example, if your child witnesses your accident, they may have emotional damages associated with witnessing that.  If your spouse is shown your an x-ray of your neck after a catastrophic neck injury, this can cause emotional harm directly related to the injury.  Even if you have had a divorce, if your ex-spouse witnesses your accident, that distress may be a compensated claim in regard to both parties.

Punitive Damages

Punitive damages are not routinely awarded.  They are given when it can be shown that the defendant acted extremely irresponsibly.  They might economically benefit from a defective product and continue to do so after they are aware of the harm.  Punitive damages are awarded to discourage others from doing the same type of thing and to penalize the party who caused the harm.

The above discussion just goes to show how and why there is no cut and dry answer about how much your injury is worth.  If you have been injured and need to speak to a Boise Personal Injury Attorney, please give us a call, (208) 472-2383,  and see what we can do for you.  You will be glad you did.

Boise Family Law and Divorce Attorneys - 208-472-2383 - Irreconcilable Differences

Divorce in Idaho
As a Boise Divorce Attorney I often have clients who are very upset concerning a marital situation.  So upset, in fact, that they are seeking divorce.  They often want to file for divorce on certain grounds such as adultery.  But what if you don't have any such grounds?  Idaho is an "irreconcilable differences" state.  But what exactly does that mean?

Irreconcilable Differences
Many many years ago, most states were "for cause" divorce states.  What this meant was you had to prove the grounds for your divorce.  For example, if you claimed you were seeking divorce on the grounds of adultery, you would have to prove that your spouse, in fact, committed adultery.

As time went on the legislatures of the various states, including Idaho, decided that sometimes there wasn't just one identifiable reason why you would want to get a divorce.  They realized that there wasn't a big issue like adultery or habitual intemperance or the like.  Irreconcilable difference takes just that into account.  You don't have to give a reason why you want to get a divorce.

Irreconcilable differences allows you to get divorced without proving a case.  You simply tell the court that basically you no longer get along or you no longer want to be married to the other person.

Other Grounds for Divorce
Does that mean that you can't file for divorce on the grounds of adultery in Idaho?  Absolutely not.  Idaho still has grounds for cause laws articulated by statute.  Adultery, extreme cruelty, willful desertion, willful neglect and habitual intemperance are all for cause grounds for divorce.

If you have found yourself in one of these situations you can file for divorce on those grounds.  You will, however, have to be prepared to prove the proper elements of each case.  However, if you go this route you will want to also plead irreconcilable differences in the alternative just in case you are not able to prove the grounds you have plead.

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