In the heart of the courthouse, emotions run high,
A love story unraveling beneath the clear blue sky.
Once upon a time, we were hand in hand,
But now we stand divided in this barren, shifting sand.
(Chorus)
It’s a courtroom drama, like a Taylor Swift song,
Love and heartbreak, right and wrong.
We’ve got our lawyers, our witnesses in line,
Telling the judge our tale, one last time.
(Verse 2)
Our love story, it started out so sweet,
But now we’re tangled in a legal, bitter feat.
The papers filed, the vows we made undone,
We’ll find out now if we can be on our own.
(Chorus)
It’s a courtroom drama, like a Taylor Swift song,
Love and heartbreak, right and wrong.
We’ve got our lawyers, our witnesses in line,
Telling the judge our tale, one last time.
(Bridge)
There’s no turning back, the die is cast,
In this courthouse of the past.
We’ll divide our memories, our dreams, and our tears,
And hope that justice eases all our fears.
(Verse 3)
We’ll hear the gavel fall, the final decree,
The end of our chapter, it’s time to set us free.
We’ll go our separate ways, but we’ll remember the good,
In this courtroom, the way we knew we should.
(Chorus)
It’s a courtroom drama, like a Taylor Swift song,
Love and heartbreak, right and wrong.
We’ve got our lawyers, our witnesses in line,
Telling the judge our tale, one last time.
(Outro)
Now we’re just two strangers in this divorce court’s haze,
But I hope you find your happiness in other ways.
Though our love story ends, another one will begin,
In this courtroom drama, where life goes on, my friend.
Divorce mediation is a voluntary and confidential process in which a trained mediator helps divorcing couples reach mutually acceptable agreements regarding various aspects of their divorce. The primary goal of divorce mediation is to facilitate communication and negotiation between the parties, allowing them to make decisions about their separation without the need for a lengthy and contentious court battle.
Here are some key aspects of divorce mediation:
Neutral Third Party: The mediator is a neutral third party who does not take sides and does not represent either spouse’s interests. Instead, they facilitate the discussion and help both parties work through their issues.
Voluntary Process: Mediation is typically a voluntary process, meaning that both spouses must agree to participate. However, courts in some of Idaho’s larger counties may order parties to attend mediation early in their divorce proceedings in an effort to help reduce the number of contested cases in their county. Typically, the court will require the parties to divide the cost of mediation between them, though the court could consider other arrangements.
Confidentiality: Mediation sessions are private and confidential. This allows divorcing couples to discuss sensitive issues openly without fear of their statements being used against them in court.
Qualified Mediators. Mediators in Idaho typically must meet certain qualifications and may have different backgrounds, such as attorneys or mental health professionals. It’s important to choose a mediator who is experienced in family law and divorce mediation. You can review the Idaho Supreme Court’s qualified child custody mediator roster here
Customized Agreements: Mediation allows couples to create customized divorce agreements that address their unique needs and concerns. This can include decisions about child custody, visitation, child support, spousal support (alimony), property division, and other relevant issues. Divorce is not a one-size-fits-all approach and mediation allows parties to tailer the outcome of their divorce to meet their specific needs.
Control the Outcome. Mediation allows parties to control the outcome of their divorce. Courts will generally honor agreements reached by parties in mediation. However, if your case should have to go to court, the judge is free to use their discretion to decide issues, which could result in a different outcome than either party expected. Mediation allows parties to remain in control of their divorce and more importantly, their lives following the divorce.
Reduced Conflict: Mediation aims to reduce the level of conflict and hostility between divorcing couples compared to a litigated divorce. It encourages cooperation and collaboration rather than adversarial tactics.
Cost-Effective: Mediation is often less expensive than a courtroom divorce because it typically requires fewer legal fees and court costs.
Faster Resolution: Mediation can lead to a quicker resolution compared to a court case, which can be drawn out over several months or even years.
Better Communication: Mediation promotes better communication between divorcing spouses, which can be especially important when co-parenting children after the divorce.
Court Involvement: Once the parties reach agreements through mediation, these agreements are usually submitted to the court for approval. This makes them legally binding.
Legal Advice: While mediators can provide information and guidance, they do not provide legal advice. It’s recommended that both spouses consult with their own attorneys to review any proposed agreements and ensure they fully understand their rights and responsibilities.
Child Custody and Support: Idaho places a strong emphasis on the best interests of the child when determining child custody and support arrangements. Mediation can help parents work together to create a parenting plan that considers these best interests.
Property Division: Idaho follows community property principles when dividing marital property. Mediation allows couples to negotiate the division of assets and debts in a way that meets their specific needs and circumstances.
Not Suitable for All Situations: While mediation can be highly effective for many couples, it may not be suitable for cases involving domestic violence, severe power imbalances, or situations where one party is unwilling to cooperate in good faith.
It’s important to note that divorce mediation is not a one-size-fits-all solution, and its success depends on the willingness of both parties to work together and compromise. In some cases, couples may still need to resort to litigation if they cannot reach agreements through mediation. However, it is possible that parties could reach a partial agreement in mediation and then ask the court to resolve any remaining issue. It’s advisable to consult with an (attorney experienced in family law) to understand your options and make informed decisions regarding divorce.
When is Divorce Mediation the Best Option
Divorce mediation is the best option for couples who are willing to communicate openly, seek mutually beneficial agreements, and want to avoid the time and cost associated with a court battle. It is ideal for those who desire a more amicable and collaborative process, especially when children are involved. Mediation suits couples who want to maintain control over the outcomes of their divorce.
When Divorce Mediation is Not a Good Fit
However, divorce mediation is not a good fit for cases involving domestic violence, severe power imbalances, or situations where one party is unwilling to cooperate in good faith. It may not be suitable for couples who are unable to communicate respectfully or have highly contentious relationships. Additionally, mediation may not be effective when one or both parties are not committed to the mediation process or are seeking to manipulate or deceive the other party.
Professional Divorce Mediation Serving All of Idaho
Looking for effective and confidential divorce mediation services? Reach out to Taylor Law & Mediation PLLC to discuss your needs and start your mediation process. We proudly serve Boise, Mountain Home, Pocatello, Coeur d’Alene, Twin Falls, and all of Idaho.
If you’re wondering, “how much does a divorce cost in Idaho,” the cost of a divorce lawyer in Idaho can vary widely depending on several factors, including the complexity of your case, the attorney’s experience and reputation, and the location within Idaho where you are seeking legal representation. Here are some general guidelines to consider:
Hourly Rates: Many divorce lawyers in Idaho charge by the hour. Hourly rates can range from around $150 to $350 or more per hour. Experienced and highly sought-after attorneys in may charge higher rates. The same is true for attorneys in highly populated areas as opposed to the state’s rural counties.
Flat Fees: Some divorce attorneys may offer (flat fee arrangements) for specific types of divorces, such as uncontested divorces. These flat fees can vary but are generally more predictable than hourly billing.
Retainer Fees: Attorneys often require clients to pay an upfront retainer fee, which is a lump sum used to cover initial legal work. With a retainer, your lawyer will charge you in accordance with their hourly rate for work performed and send you a bill each month. The money will then be drawn from the retainer account. Once the retainer is depleted, you may need to replenish it. A lot of lawyers charge this way because the amount of time it takes to finalize a divorce varies from case to case and often depends on the complexity of the issue or the level of conflict one or both parties wish to engage in. Divorce cases can be hard to predict.
Additional Costs: In addition to attorney fees, you may also be responsible for court filing fees, process server fees, and other related expenses. What’s the cost to file for a divorce? It cost $207 to file a petition for divorce in the state of Idaho. Service fees range between $25 to $90.
Mediation: If you and your spouse opt for mediation instead of litigation, the cost will typically be lower, as you’ll be working with a mediator rather than two separate attorneys. Mediation fees can range from a few hundred to a few thousand dollars, depending on the complexity of the issues. Most mediators in Idaho charge between $150 to $350 an hour and this fee is typically split between the parties.
Pro Bono Services: Some individuals with limited financial resources may qualify for pro bono (free) legal services through legal aid organizations or bar association programs. You can learn more about the Idaho Volunteer Lawers Program here : https://isb.idaho.gov/ilf/ivlp/
It’s essential to discuss fees and payment arrangements with potential divorce lawyers during your initial consultation. Be clear about your financial situation and ask for an estimate of the total cost of your divorce, including attorney fees and any associated expenses.
Additionally, consider seeking recommendations from friends, family members, or trusted professionals who may have experience with divorce lawyers in Idaho. Research and choose an attorney who not only fits your budget but also has the experience and expertise to handle your specific case effectively. Keep in mind that the cost of divorce can vary significantly from case to case, so it’s essential to discuss your situation with an attorney to get a more accurate estimate of costs.
At Taylor Law & Mediation PLLC, we proudly serve clients throughout Idaho, including Boise, Mountain Home, Pocatello, Coeur d’Alene, and Twin Falls. Give us a call if you’re looking for legal help with divorce services.
Selecting the right attorney is a key step in the divorce process. The person you (and your spouse) hire to help you navigate your divorce is one of the most important steps in determining how long and how expensive the process will be Your divorce attorney will advise and counsel you through the entire process and outline the strategy and procedures that will be perused. It’s important to find someone whose strategy for divorce cases matches your desired outcome. It’s also important to find someone who will give you good advice and not just tell you what you want to hear.
Finding a good divorce lawyer is crucial when going through the process of divorce. Here are some questions you can ask to help you find the right divorce lawyer for your needs:
Experience and Expertise:
How long have you been practicing family law and handling divorce cases?
Have you handled cases similar to mine before?
What percentage of your practice is devoted to divorce and family law?
Approach and Strategy:
What is your approach to handling divorce cases?
How do you typically communicate with your clients and keep them informed about the progress of their case?
How do you handle negotiations and settlements, and what is your stance on mediation or alternative dispute resolution methods?
How do you prepare for trial, if necessary?
Case Management and Availability:
Will you personally handle my case, or will it be assigned to someone else in your firm?
How many other cases are you currently handling?
Will you have the time and resources to devote to my case?
Fees and Billing:
What is your fee structure? Do you charge an hourly rate or a flat fee?
Are there any additional costs I should be aware of?
Can you provide an estimate of the total cost for my case?
Do you offer any payment plans or options?
Client References:
Can you provide references from previous clients who were satisfied with your services?
Are there any testimonials or reviews available that I can review?
Potential Outcomes and Strategy:
Based on the information I’ve provided, what potential outcomes can you foresee in my case?
What strategies do you recommend for achieving my desired outcome?
Remember, it’s important to choose a divorce lawyer who not only has the necessary legal knowledge and expertise but also understands your specific needs and goals. Don’t hesitate to ask any additional questions that are important to your situation.
1) Get in the right mindset. A divorce is a major life event and can potentially change everything about your life. While divorce can be an extremely emotional event, it’s important to understand that the terms of your divorce are likely final and will be the same once any emotions have worn off. Start thinking about what your life will look after the divorce is finalized.
2) Get prepared. There are three major objectives to divorce: end the relationship between the parties; divide up all property and debt acquired during the marriage; and prepare a parenting plan and finalize child support if there are children. Start thinking about how you would like to do divide community property. For most people, the major assets are their home and retirement accounts. For children, start thinking about what your desired parenting plan might look like.
3) Gather information. For property and debts, you’re going to need a list of major property items and value; a list of all accounts and debts owed, to include the account names, account numbers, and current balances; and a good understanding of what property and debt was acquired before and during the marriage. If you have children, you’ll need to know the income of both parents for child support calculations.
4) Talk to your spouse (optional): A lot of people ask, “When should I talk to my spouse?” and the truth is there’s no “right” answer. I always tell clients that they know their spouses better than I do and that they are in the best position to answer that question. I generally advise clients to talk to their spouse prior to filing because no one wants to find out they are getting divorced by having the sheriff serve them a copy of the divorce petition at work or at home. But there are times when this may be necessary: such as if you’re worried about your spouse fleeing the area with your children; shutting off access to the accounts or home; or worried about your personal safety. But generally speaking, there’s no easy way to have this conversation, but things can’t really move forward until your spouse knows you are considering divorce, have already decided to divorce, or have already filed for divorce.
5) Find a divorce attorney. This is an important step and can be done in almost any order on this list. The person you hire (and in a lot of ways, the person your spouse hires) will go a long way in determining how your divorce proceedings will play out. There’s a lot of ways to find a divorce attorney, but perhaps the best way to do it is to ask someone you know if they liked their divorce attorney. Your friend is likely to offer an unfiltered opinion that can be extremely helpful in finding the right attorney for you. The most popular way to find an attorney is likely online. As you find someone and schedule an initial consultation, try to get a feel for how that person may represent you in your case. Also get an idea of how they bill. It’s a good idea to call a few people and get a good feel for the type of representation you are looking for, as well as someone you can afford to hire. There’s literally no limit on how much money you can spend on getting divorced. However, there are a number of things attorneys can do to help reduce the costs of divorce. Keep in mind that “high conflict” is code for “extra expensive.” Some people are going to need an attorney who specializes in high-conflict cases if they are unable to reach any sort of agreement on any topic with their spouse. But for a lot of people, they can avoid the costs and expenses associated with hiring a high-conflict attorney if they look for an attorney who is able to get most cases resolved without having to go to trial.
We asked ChatGPT for a list of the best divorce blogs. Here’s what we got:
Divorce Magazine Blog: A comprehensive resource covering various aspects of divorce, including legal, financial, and emotional considerations.
HuffPost Divorce: A section of HuffPost dedicated to divorce-related content. It features articles on divorce trends, advice, and personal experiences.
Divorced Girl Smiling: A blog by Jackie Pilossoph, a divorce and relationship expert. She shares personal stories, practical advice, and support for individuals navigating divorce.
Each of these blogs offers something different. Divorce Magazine blog provides tips for those going through a divorce or considering divorce. HuffPost will keep you updated on celebrity divorces, but you probably won’t learn much about divorce there if you’re looking for any answers for your own divorce. Divorced Girl Smiling offers advice for getting both through and past a divorce.
You can read our divorce blog here. We offer information for those in Idaho going through divorce as well as a little bit of entertainment. You’ll also find fillable divorce forms if you want to do your divorce yourself.
Divorce blogs can be a great source or resources, offering both legal and emotional support. Whatever you’re facing before, during, or after your divorce, someone else has already gone through it and chances are, someone else probably already wrote a blog about it. You just have to spend some time online looking for it!
Additional divorce blogs can be found here:
Women’s Divorce. This blog, made for women and written by women, offers an overview of the divorce process.
Divorce and Your Money offers financial coaching from Shawn Leamon, a certified divorce financial analyst and MBA.
DadsDivorce: Dad’s Divorce offers answers to questions a lot of people have regarding divorce, not just dads.
Since my Divorce is another divorce advice blog, hosted by certified divorce financial analyst and parenting coordinator/decision-maker Mandy Walker.
Think Financially, Not Emotionally is a divorce blog written for women by Jeff Landers, who is a certified divorce financial analyst. The blog hasn’t been updated in a bit, but still contains some good advice.
Divorced at 50 hasn’t been updated in a few years, but is written from the perspective of someone who divorced their spouse after 32 years of marriage.
The Enlightened Divorce Blog is a great resource for those in California going through divorce. The website offers solutions to situations people typically deal with during divorce.
DivorcedMoms Blogging Network is exactly what it sounds like: a network of divorced moms blogging about all things divorce.
Divorce and Children shares advice for parents going through divorce to help with co-parenting and raising kids together after the divorce.
Laura Doyle is a relationship coach, which could come in handy if you’d like to avoid divorce.
“Before He Cheats” by Carrie Underwood – While not explicitly about divorce, this empowering anthem focuses on a woman seeking revenge on her unfaithful partner.
“You Were Always on My Mind” by Willie Nelson – A heartfelt ballad about regret and reflection on a failed relationship.
“Ring on Her Finger, Time on Her Hands” by Lee Greenwood – This emotional song explores the perspective of a man whose wife has emotionally moved on before the divorce is final.
“Who’s Cheatin’ Who” by Alan Jackson – A catchy tune that delves into the complexities and suspicions of infidelity within a marriage.
“Suds in the Bucket” by Sara Evans – A lighthearted song that tells the story of a young woman who abruptly leaves her small-town life behind after falling in love and getting married.
“Independence Day” by Martina McBride – While not specifically about divorce, this powerful song tells the story of a mother leaving an abusive relationship and finding freedom.
These songs capture different aspects of divorce, including heartbreak, humor, and personal growth, showcasing the emotional depth of country music.”
How did ChatGPT do?
ChatGPT put together a pretty good playlist, though not all the songs are about divorce.
Every other weekend by Reba and Kenny Chesney: This song isn’t about divorce as much as it is about co-parenting after divorce. We wrote a blog on this song in 2021: https://taylorlm.com/every-other-weekend-song-blog/
Stay by Sugarland: This song is similar to Whoever’s in New England, which it was inspired by.VIDEO. This is one of the best stripped-down singles of all time. Jennifer Nettles wears her heart on her sleeve in this song and her voice carries all the emotions of heartbreak. The band won two Grammys for this song as well as two ACMs and two CMAs for her performance.
Rolling up the Welcome Mat (A short film) by Kelsea Ballerini. This is an entire divorce album, but one of the best of all time. Her husband, “country singer” Morgan Evans released a single abut their failed relationship without giving her a head’s up. She responded by dropping an EP on Valentines Day with her side of the story. And what a story it was.
Gaslighter by The Chicks. This album was about more than just Natalie Maine’s divorce, but her divorce was the inspiration for the majority of the album. It’s hard to narrow it down to just one song to list, but Tights on my Boat probably takes the cake here. She wishes death upon her ex, and then sings “you can tell the girl who left her tights on my boatThat she can have you now.” The entire album is a goldmine of songs to get anyone through a rough divorce.
In Idaho, the division of property in a divorce follows the principle of equitable distribution. This means that the court aims to divide the marital property in a fair and just manner, taking into consideration various factors, rather than a strict 50/50 split.
When it comes to the marital home, there are typically two possible scenarios:
Sell the home: In some cases, the parties sell the marital home and divide the proceeds between themselves. This option is often chosen if neither spouse wishes to keep the house or if it is the most practical solution.
One party keeps the home and buys the other party out: One spouse may choose to buy out the other spouse’s share of the home. This typically involves compensating the other spouse for their share of the home’s equity, allowing one spouse to retain ownership.
Sometimes one party will want to sell the home and the other party will want to remain in the house and the party that wants to sell will want to force the other party to sell the house. The court doesn’t really care who keeps the house, as long as both parties receive a fair and equitable share of the home’s equity. This means that if one party wants to remain in the house and they are able to buy the other person out, the court will let them do so. One person can’t stop the other person from remaining in the house after the divorce if the other party has the ability to buy them out.
How is the buyout determined at the time of divorce?
The buyout of real property is determined by determining the value of the house, subtracting the mortgage associated with the real property, and dividing the remaining balance in half.
As an example, Fred and Wilma own a $400,000 Bedrock home. They owe $200,000 on the house. Fred wishes to remain in the house. Fred would need to pay Wilma $100,000 for her share of the equity to be able to do so. ($400,000 – $200,000 = $200,000. $200,000/2 = $100,000)
Keep in mind that the final amount awarded to each party should be equal, every piece of property doesn’t have to be split equally. Assume Wilma has a $200,000 401(k) account from her job. Fred has no other assets outside of the home. If the 401(k) was earned during the marriage, it would likely be community property and subject to division at the time of divorce. This means each party would be entitled to half of the account, $100,000.
Based on the example above, Fred owes Wilma $100,000 for her share of the equity and Wilma owes Fred $100,000 for his share of the 401(k). Each party should leave the marriage with $200,000 of property or equity. This means that Fred could keep the house without buying Wilma out and Wilma could keep her entire 401(k) account without having to share any of it with Fred. Each party is taking half of the community property, not one-half of each property individually.
A lot of times a party might want to stay in the house. Or they might want to keep their retirement account intact for the benefit of compounding interest. Most of the time, people can generally do one of these things but doing both is often a challenge without other accounts or property to consider. If you’re going through a divorce, it’s important to prioritize what you would like to leave the marriage with.
Typically, the thing that determines which party, if either party, can keep the house comes down to the practicality of that person making the monthly mortgage payment. If both names are on a mortgage and the parties are getting divorced, the party remaining in the home will typically need to refinance the loan in their own name. This means getting a new loan based on that person’s credit and work history.
In the example above, Fred might think, “I can afford the $1,500 monthly payment, I’ll just take over the payments.” However, he would need to get a new loan, which would be subject to current interest rates. He may or may not qualify for a new loan on his own.
In addition, Fred may not be able to make the payment without Wilma’s contributions. Or if the house is the only community property, Fred would likely need to finance $300,000 against the house in order to give Wilma $100,000 for her share of the home’s equity. Maybe he could make the $1,500 payment for the house’s current mortgage, but he may not be able to make the new $2,000 payment.
In this case, selling the house may not be his preferred option, but it might be the only real option he has.
Sometimes people will need a little bit of time to refinance the house in order to get a more favorable interest rate or to reduce the amount owed so that they can qualify for a smaller mortgage when they refinance. This is generally allowed, as long as it’s a temporary situation, and both parties agree.
Sometimes a couple may also agree to wait a short period of time to sell the house so that one parent can continue to raise the children in the house so that the kids don’t have to move schools or to a new area. Again, this is generally allowed when both parties are in agreement but is more likely to be approved by the court when the child is in high school than if he or she were in third grade.
Contact Taylor Law & Mediation PLLC if you have questions regarding what to do with your house at the time of divorce. The above is presented for educational purposes only and should not be construed as legal advice. Every situation is different and it is hard to account for all situations in a blog.
In most situations, you will not be able to keep TRICARE health insurance coverage after you get divorced. The exception is if you’ve been married for 20 years, your spouse served in the military for 20 years, and you were married for either 15 or 20 years during your spouse’s period of service.
When will I lose TRICARE insurance after my divorce?
TRICARE coverage ends at midnight on the day the court grants your divorce. After the divorce is granted, the military member should bring a certified copy of the divorce decree to their local ID card office to update their profile on DEERs within 90 days.
How do I remain eligible for TRICARE after divorce?
You will remain eligible for TRICARE after your divorce is you’ve been married for 20 years; your spouse has completed 20 years of military service; and you were married for either 15 or 20 years.
What is the 20-20-20 TRICARE rule?
The 20-20-20 rule states you are eligible for TRICARE after divorce is the following conditions are met:
Your spouse has at least 20 years of creditable military service towards retirement.
You were married to the military member for at least 20 years.
The 20 years of marriage overlap the 20 years of creditable service for retirement purposes.
If you meet this rule, you are eligible to be your own sponsor under your own social security number and can keep TRICARE coverage after divorce.
What is the 20-20-15 TRICARE rule?
The 20-20-15 rule states that you are eligible for TRICARE after divorce for a period of one year if:
Your spouse has at least 20 years of creditable military service towards retirement pay.
You were married to the same spouse for 20 years or more.
The 20 years of marriage and 20 years of service overlapped by at least 15 years, but less than 20.
Can I still keep military health insurance after a divorce if I don’t meet the 20-20-20 or 20-20-15 rule?
Yes. For a period of 36 months. If you are not otherwise eligible to maintain TRICARE coverage after your divorce, you can participate in the Continued Health Care Benefit Program to maintain coverage for 18-36 months. The plan acts as a bridge between your military health insurance benefits and a new civilian plan. It is also premium-based.
If I qualify for TRICARE health insurance after divorce, will I keep the insurance for the rest of my life?
If you qualify for TRICARE under the 20-20-15 rule, you will only keep TRICARE coverage for a year after your divorce. If you qualify for continued TRICARE coverage under the 20-20-20 rule, you will continue to receive TRICARE health insurance until you remarry or purchase an employer-sponsored health plan.
What documents will I need to provide TRICARE to maintain health insurance coverage after divorce?
You will need to bring your marriage certificate, divorce decree, and proof of your former spouse’s military service (such as a DD-214) to your local ID card office.
Will my kids still be covered by TRICARE after divorce?
Your kids will be covered by TRICARE after divorce if your spouse is their natural parent or adopted the children. Stepchildren are no longer eligible for TRICARE health insurance once the divorce is finalized.
How will my kids keep TRICARE after a divorce if I don’t have base access?
After your divorce from a military member, your ID card will no longer be valid and you will no longer have access to military insulations. However, if you have children with a military member, you can receive an access card for the purpose of accessing military insulations for your children to receive health care if they are still eligible to receive TRICARE after your divorce.
Divorce is often associated with feelings of failure, regret, and resentment. However, the end of a marriage doesn’t have to be filled with these feelings, but it can still be a complicated process. By hiring an attorney, you may find that they are able to help you navigate the process quickly and smoothly.
An attorney is going to be there every step of the way and their job is to help you protect your interests while making sure that your needs are met, too. They can also make sure that every detail is taken care of so that nothing goes wrong. We have compiled a list of the top benefits that come with hiring a divorce attorney.
They Are Experienced
A good divorce attorney has seen a situation like yours a million times. They’re going to know exactly what to say and how to handle all the various twists and turns that can pop up during the divorce process. They are also experienced in dealing with the legal system and any unruly partners that may come with it. There are also extremely helpful in helping you through any complications that may arise.
They Will Protect Your Interests
Any good divorce attorney will investigate the situation and find out exactly how they can best protect you and your interests. An example would be if your spouse cheated on you and it resulted in the hefty child support obligation than your attorney is going to fight to make sure that it is taken care of as swiftly as possible. You want someone on your side because they will ensure that you will be entitled to a fair settlement.
They Will Keep You Calm
It’s no secret that during divorce proceedings, emotions are often running high. If you’re not careful, then it’s easy to lose your temper and say something that could be detrimental to your case. Your attorney is going to know the divorce process inside and out, which means they can coach you on how to keep your composure during times of high emotions.
They Will Give You Objective Advice
Is important to remember that no one is impartial during the divorce process. Your spouse is going to do whatever they can to gain an advantage, just like you will do everything you can to gain an advantage. This can make it hard for you to see things objectively when your emotions are already running high. Your attorney is not involved in the situation so they are going to give you objective advice and help you determine what will be in your best interest. They won’t refer to emotional arguments and they will always be honest with you during the situations.
Hiring a divorce attorney can be one of the best decisions you make during the divorce process. We know that is an extremely emotional time and that is why we recommend hiring a divorce attorney from Taylor Law & Mediation PLLC.
Many couples who are divorcing find themselves asking the inevitable question: is divorce mediation right for me? The truth is, while mediation is often considered helpful, it may not be right for everyone going through a divorce. If you are interested in pursuing mediation while getting a divorce, you may want to speak with your lawyer to learn about whether this would be a good fit. There are many benefits to using a mediator during this process, and especially if you and your spouse have children together, you may find that this is the best solution for positive co-parenting upon the finalization of your divorce.
What are the benefits of divorce mediation?
You may be concerned about a few things regarding mediation. For example, one concern couples have is that it is bringing another party into the divorce process. This is one more person who will learn about your divorce, the nitty-gritty details, and the pain that you both have gone through. It is important to remember, though, that a divorce mediator is not there to judge you. Instead, they can listen and offer solutions to your problems. Further, many people are concerned that the divorce mediator will tell couples what they need to do and that they will make decisions on behalf of the couple. As a lawyer, like a divorce lawyer from a law firm like Robinson & Hadeed Family Law understands, mediators are not there to decide things for you and your spouse. You may find that with divorce mediation you:
Feel less stressed about the entire process
Do not need to go through litigation
Can experience a more private divorce
Can come to the best decisions regarding your family members
Do not take up as much time as you would going through divorce litigation
Will this impact my need for a lawyer?
Divorce mediation should not have any impact on whether you decide to work with a lawyer throughout the divorce process. In fact, many people find that they are able to make decisions better because they have the help of both a lawyer and a mediator. A mediator is not meant to take the place of a lawyer but should be in addition to a lawyer to help you and your spouse resolve issues that may turn a divorce sour.
Can a mediator help with alimony?
Absolutely. A mediator can help you and your spouse resolve issues surrounding child support and alimony so that you can come to an agreement that makes the most sense.
When you are going through the divorce process, don’t forget to talk with your lawyer about working with a mediator. Your lawyer may have good advice regarding mediation and can be with you throughout the mediation process if that is what you decide. For more information on help through your divorce or working through mediation, reach out to a local law firm now.
Divorce is one of the most difficult times in a person’s life. In addition to the emotional weight of a divorce, there is a lot of complicated legal work. If you’re considering a divorce, there may be a lot of questions you have before you proceed. Here are the most common questions divorcees have for divorce lawyers.
What If Your Spouse Doesn’t Want a Divorce?
When one spouse does not want a divorce, many partners fear that their spouse will tell them they cannot divorce. If you want a divorce, you can file a petition for divorce and your partner cannot fight it. By no means can a spouse fight your ability to divorce. The fact that you want a divorce is grounds to receive one. While your spouse can complicate the process and drag it out, you cannot prevent the divorce decree from being entered.
How Can Your Property Be Divided?
Property division is one of the more complex topics when it comes to divorce law. When you marry another person, you have marital property and you have separate property. Separate property is anything that you bought or earned before you were married. Marital property is what you purchased or received while you were together. If you and your spouse cannot agree on property division, the court will help you. In general, if you were gifted or inherited anything while married, this is your separate property. In some states, you may divide the property 50/50 or in the fairest way.
What Is Spousal Support?
All states have different laws regarding spousal support. If you’re interested in spousal support or have any questions regarding spousal support, consult with your divorce lawyer Fairfax VA. In general, spousal support is for those who are dependent on their spouse. If you are reliant on the income that you generate together or your spouse makes significantly more than you, spousal support is what your ex would pay until you are independent. Spousal support protects individuals who may not have been making enough money to support their household without the help of a spouse.
When you’re going through divorce proceedings, odds are you will have many questions to ask. To ensure that you understand the proceedings and that you receive fair treatment, set up a consultation with a divorce lawyer such as May Law, LLP as soon as possible. He or she will happily answer your questions and help guide you through the divorce process.
You should talk to an attorney for advice prior to completing the document and filing it with the court. We don’t recommend you substitute this post with actual legal advice.
FILLING OUT THE SUMMONS
The Summons itself is pretty easy to complete and should only take a few minutes. The header, known as the caption, is the same as in the Petition. You should complete the name and contact info with your information. It should match what’s on the petition.
Next you will need to put your name in the Petitioner line and your spouse’s name on the Respondent’s.
Leave the case number blank. The clerk will write this in when you file it. There are three blocks to complete. Leave these blank as well for the clerk to complete.
The boxes indicate if an Order to Attend parenting education program or a joint temporary restraining order is attached to the Petition. You should serve these documents with your petition to your spouse if these blocks are checked.
About the Joint Temporary Restraining Order (Children)
The order to attend a parenting class and the joint temporary restraining order (children) will only be included if you and your spouse have minor children. The restraining order prohibits each parent from taking a child out of the state without permission and basically tells the parties they have to get along during the proceedings.
About the Joint Temporary Restraining Order (Property)
The joint temporary restraining order (property) is included in every case, regardless if there are kids or not. This document is automatically attached to the petition. It is not something either party requests. It prohibits parties from getting rid of their property without permission before it can be accounted for and distributed equitably between the parties.
The next part you do need to complete is the address of the court. You can find the address of your court via google.
The court clerk will date and sign the summons when you file it.
FILING YOUR DIVORCE
Once you’ve completed the Petition, Family Law Worksheet and Summons, print three copies of the petition and four of the Summons. You won’t need to make any additional copies of the worksheet. You can then take the entire stack of paperwork to the courthouse to file it at the ciivl window.
The clerk will take all of your documents, and your $207 LINK filing fee, stamp them and file a copy. You’ll get two copies of the petition back. One is for you to keep. One copy is for your spouse. You’ll get the original summons back to, which should be served on your spouse and then returned to the court house. You’ll each get a copy to keep as well.
Have more questions about completing an Idaho summons for divorce or joint temporary restraining orders in Idaho? Contact us!
In a previous post, we provided fallible PDF forms for you to file your own divorce with the courts, assuming you and your partner are in agreement and have no minor children between the two of you. In this post, we will provide instructions for completing a Petition for Divorce. You should talk to an attorney for advice prior to completing the petition and filing it with the court. We don’t recommend you substitute this post with actual legal advice.
You can find the steps to complete the petition for divorce here, on the state’s self-help site. Idaho is fortunate that our state has made as many forms as possible to the general public. The instructions below are based off the state-provided form with some general guidance.
Start the Petition for Divorce
Step 1: Obtain the Petition for Divorce template. You can find
ours here.
Step 2: Complete the top half, which is the caption, with your name and contact information. You should know your county and can find what district your court is in here.
Step 3: Put your name in the Petitioner line and your spouse’s
in the Respondent line.
Step 4: Leave the case number blank. The court’s clerk will complete
this when you file it.
The Petition for Divorce
Paragraph 1: Residence of the parties
You must live in Idaho for six weeks before you can file the Petition for Divorce. If you do not meet this requirement, you may need to wait until you do or talk to an attorney for advice on how to proceed. Also include the state your spouse resides. If he or she does not reside in Idaho, you should also consider talking to an attorney to ensure Idaho is the proper court to handle your divorce case.
Paragraph 2: Marriage of the Parties
List where and when you were married .
Paragraph 3: Grounds for Divorce
This paragraph is complete, but talk to an attorney if you have reason to believe other grounds for divorce exist. If such grounds exist, you may not be able to complete your divorce without legal representation.
Paragraph 4: Minor Children.
Select the appropriate box indicating if Wife is pregnant or not.
Paragraph 5: Wife’s Child/ren Born, or Conceived During this Marriage
Do the same here.
Paragraph 6: Separate Property
Separate property is property that one party owned prior to the marriage or inherited or was gifted during the marriage. This property is not subject to distribution between the parties, but it is important to identify all of this property. You can use the attached Schedule if there is a lot of property to list. Not all couples have separate property.
Paragraph 7: Community Real Property
Community real property is land. There are generally three options for distributing real property at divorce: 1) the parties can share the property and split any proceeds from the sale; 2) Husband remains in the house and pays Wife for her share of the equity; and 3) Wife remains in the property and pays Husband for his share of the equity. There is generally a time limit such payments need to be made to the other party. Seek legal advice if one party does not have the ability to pay the other party for their share of a home’s equity at the time of divorce but wishes to remain in the property.
Paragraph 8: Community Personal Property
Personal property is what most people consider “stuff.” Select the box appropriate box and include everything that needs to be accounted for in the attached Schedule. Community property is anything acquired during the marriage that isn’t separate property. It makes no difference who paid for the items, whose name it is registered in, who purchased it, who decided to purchase it, etc. The courts will generally allow parties to divide items between themselves as they see fit, though such sharing should be fair and equitable.
Retirement accounts, pensions, etc. should also be accounted for in this paragraph.
Items should be described to the degree necessary to identify them between the parties. The largest community personal property most people have are cars. Things of large value, including a collection of items, should be accounted for as well as any items the parties might dispute the other party keeping. It’s easier if the parties have already split everything between themselves before filing, but that’s not always a possibility.
Paragraph 9: Debts
All debts must also be listed and distributed fair and equitable, similar to community property. Secured debt, debt tied to an object, is the easiest to distribute. Generally, the person who wishes to keep the item also keeps the debt. Sometimes a party may not be able to afford the item after the divorce. These items are normally sold to minimize the debt. The challenging debts are unsecured debt, such as credit cards or other loans not directly tied to a specific item of value. Again, an easy rule of thumb is the person keeping the item keeps the debt. But sometimes there might be general credit card debt or living expenses with nothing to show for the debt. This debt must also be accounted for between the parties.
Keep in mind that your divorce decree is an agreement between you and your spouse. Third-party creditors are not bound to follow it. A debtor can still come after you to collect a debt if there is an agreement between you and them to pay the debt. However, if your spouse is required to pay the debt under the terms of divorce and does not, you may have recourse against him or her, but not the original creditor.
Paragraph 10: Debts Incurred Since Separation
Write down the date you and your spouse separated. If you are still living together and have yet to select a separation date, use today’s date. Generally, this can be the date you and your spouse last lived together.
Paragraph 11: Name Change
This paragraph gives Wife the chance to change her name back to her former name without having to take any extra steps. In addition, this is entirely wife’s decision.
File the Petition for Divorce
Certify under penalty of perjury that the information on
your form is true and correct.
Make two copies of all documents.
Next take the Petition, the Summons, and Family Case Law information to the clerk court to file. You will need to pay the $207 filing fee at that time.
There are a number of grounds for divorce in Idaho. However, more than 98 percent of marriages in Idaho end due to irreconcilable differences.
The majority of divorces in Idaho are no-fault or granted on the grounds of irreconcilable differences between the parties.
What are the grounds for divorce in Idaho?
There are a number of grounds for divorce in Idaho. While there are many reasons to get divorced, most reasons fall into the categories below.
Adultery
Extreme cruelty
Willful desertion
Willful neglect
Habitual intemperance
Conviction of a felony
Either spouse becoming permanently insane
Separation without cohabitation for five years
Irreconcilable differences exists between the parties
Is Idaho a no-fault divorce state?
Idaho is both an at-fault and a no-fault divorce state. The court can find a party at fault during a divorce proceeding. However, the court can also grant a divorce without finding either party at fault. This is the most common course of action in Idaho. People generally think of irreconcilable differences as a “no-fault divorce.”
What does “irreconcilable differences” mean?
Idaho statute defines irreconcilable differences.
Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.
Idaho Statute 32-616
Simply put, it means that the bonds of marriage are broken between the parties and cannot be repaired. Generally, this is something parties often agree upon. Sometimes, it’s the only thing parties agree upon during their divorce.
Does fault matter in a divorce?
Fault doesn’t matter in the majority of cases. The court can grant a divorce without finding either party is at fault. As a result, there isn’t a lot of reasons why a judge would want to listen to parties fight with each other over fault. The judge can find irreconcilable differences exist between the parties and grant the divorce without finding fault. However, there are some cases when fault does matter.
When does fault matter in a divorce?
Fault matters the most when one party is seeking spousal support. Spousal support is also known as spousal maintenance or alimony. Spousal support isn’t very common in Idaho. (And is declining across the country.) However, it’s most often appropriate when a party lacks sufficient property to provide for his or her reasonable needs and he or she is unable to support themselves through employment. If these conditions exist, the court must consider several factors. The fault of either party is one of those factors. If all of the other factors suggest ordering spousal support and one party is clearly at fault, then the court is more likely to grant their request.
How many divorces in Idaho are no-fault divorces?
Almost all of them. Idaho granted 6,674 divorces in 2017. Courts granted 6,586 of them on the grounds of irreconcilable differences that year. That’s 98.68 percent of all divorces. Furthermore, courts only granted 24 divorces on the grounds of adultery. Extreme cruelty accounted for nine divorces. In addition, fraud accounted for 33. This means that almost 99 percent of all divorces are no-fault divorces in Idaho.
Disclaimer: This information is provided for general advice only. Do not substitute it for actual legal advice. Legal advice varies according to specific facts and circumstances. Therefore, you should never substitute reading free legal advice in a blog for talking to a licensed attorney about your specific situation.
It is easier to get divorced in Idaho than some other states.The divorce process in Idaho is pretty simple compared to some other states. The waiting period is minimal, the residency requirement is only six weeks, and the court fee of $207 is cheaper than about half the states in the country.
How do I start the divorce process in Idaho?
The process to get divorced in Idaho starts with one party filing a petition for divorce. The person filing the petition for divorce is the petitioner. The other party is the respondent. There is no advantage to being the petitioner or respondent in a divorce proceeding.
The petition should file the petition at the county courthouse. Ask a lawyer if you need help determining which county is appropriate. In addition, a family case law worksheet and a summons needs to be included with every petition for divorce. The clerk will also attach a joint preliminary injunction to each petition. If you have minor children, the court will also include an order to attend a focus on the children class.
What is a joint preliminary injunction in a divorce case?
The court clerk will automatically attach a joint preliminary injunction to every petition for divorce in Idaho. Simply put, this document prohibits parties from getting rid of, or hiding, community property; from harassing or assaulting each other; and from taking any minor children out of the state without written permission. It’s automatic. It doesn’t mean that the other party asked the court to implement it or that the court has reason to suspect you might do any of these things. It also applies equally to both parties.
How much does it cost to get divorced in Idaho?
It cost $207 to file a petition for divorce in Idaho. In addition, the court will order parents of minor children to to attend a Focus on the Children class. The class costs $35. There are some other minor costs as well, such as a credit card fee if you pay with plastic at the courthouse window and a fee to mail each party a copy of the divorce decree.
How long do I have to live in Idaho before I can file for
divorce?
The petitioner, the person filing the petition for divorce, must reside in Idaho for at least six weeks before filing a petition for divorce. If the other party, the respondent, does not live in Idaho, you should consult an attorney to determine if Idaho is the best place to file for divorce.
Does Idaho have a waiting period to get divorced?
The waiting period to get divorced in Idaho is 21 days. The 21-day period starts when the respondent is served with the petition for divorce (or accepts service). This includes weekends and holidays. As a result, if the 21st day falls on a weekend or holiday, the next day the court is open will conclude the waiting period.
Do I have to give my spouse a copy of the petition for
divorce?
Once the petition is filed, it must be served to the respondent. The respondent, or their attorney, can also choose to accept service. In some cases, service by publication may be necessary. It can be time consuming and expensive if you can’t find your spouse before starting the process.
What happens after my spouse is served?
Your spouse will have a couple of different options. They could agree with the petition and enter into an agreement to dissolve the marriage. They also have the option to file an answer and/or counterclaim. An answer basically says, “This is what I agree and disagree with from your petition.” They can also file a counterclaim. A counterclaim says, “I read what you wanted; this is what I want.” Finally, you can file an answer to the counterclaim telling the court what you agree/disagree with from their counterclaim. Not surprisingly, most people typically agree to the things that they originally asked for in their petition and disagree with everything else.
Next, the parties will have 35 days to send each other some basic discovery information. This includes things such as income, assets, debt, property documents, etc. Furthermore, parties can later ask for additional information.
At any point, the parties can attempt to reach an agreement
themselves or through their attorneys, mediation or some other alternative
dispute resolution effort. This can go on forever until parties either reach an
agreement, run out of money or ask a judge to step in and make decisions for
them.
Once the parties reach an agreement, they can enter a stipulation for entry of decree, which tells the court the parties are in agreement and asks the judge to enter that agreement on the record. The decree of divorce includes the terms of those agreements and is the document the judge must sign to grant you a divorce. The decree is the most important document in the entire process. It doesn’t matter what the petition or counterclaim says. It only matters what the decree of divorce says.
What issues are resolved in a divorce?
Issues to resolve in a divorce typically include child custody and child support for parties with minor children; property and debt distribution; and restore the wife to her maiden name if she chooses. However, divorce will resolve all remaining issues between the parties.
Can I change my last name back to my maiden name during a divorce?
/ Do I have to change my last name?
During a divorce, the wife (or either party who changed their last name) has the option to change her name back to her maiden name during a divorce. To do so, it must be included in the decree of divorce. However, there is no requirement for the wife to change her last name. There are several reasons why someone might not want to change their name. Some people wish to have the same last name as their children. Some people might not want to change their name after several decades. Regardless, it’s pretty much up to the wife what she wants to do and there isn’t a lot that the husband (or other party) can do about if they wish to keep their married name after the divorce.
Disclaimer: This information is provided for general advice only. Do not substitute it for actual legal advice. Legal advice varies according to specific facts and circumstances. Therefore, you should never substitute reading free legal advice in a blog for talking to a licensed attorney about your specific situation.
