Boise Divorce Attorney
THE DIVORCE PROCESS IN BOISE, IDAHO
As with every other type of case, each divorce case is different. However, the main issues that need to be decided in every case are the following:
- The division of the community property (the personal property that the parties have acquired during their marriage or property that was once owned only by one party, but has become community property during the marriage).
- The determination of whether there is any separate property (property that one party owned before the marriage, or became separate property after the marriage, and has not transformed into community property during the marriage).
- If the parties have acquired any real property during the marriage, or the real property becomes community real property during the marriage, the parties will need to decide who will get the real property (house) after the divorce, whether the other party is entitled to any amount of money due to equity in the house, or whether the house will be sold and the proceeds of the sale will be split between the parties.
- The division of community debts (debts that the parties incurred during the marriage)
- If there are minor children, the parties will have to decide how the parties would like to arrange the custody of the minor children. If the parties are unable to agree on a custody arrangement, the parties will present evidence to the court regarding what custody arrangement, also known as a parenting plan, is in the best interests of the minor children. The factors that come into play when deciding the best interests of the children are discussed in more detail below.
- Moreover, if there are minor children, the parties will have to decide the proper amount of child support that should be paid. Generally speaking, the child support amount is based on the Idaho Child Support Guidelines. However, the parties may agree on an amount of child support outside the guidelines.
In some situations, the parties can agree on everything from the financial decisions to how the parenting plan will be laid out. Hiring a professional Boise divorce lawyer will help you gather the needed information and documents to prepare your divorce filings and the case should not take too long.
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WHAT IS A DISPUTED DIVORCE?
I. FILING A PETITION FOR DIVORCE
Petition must contain certain information:
Residence of the Parties
Grounds for the divorce
If minor children are involved, their name and birth date should be provided, their residence for the last five (5) years, and whether anyone else is asserting custody or there are any proceedings that could affect the custody of the children such as civil protection orders or prior custody determinations.
II. ONCE THE PETITION FOR DIVORCE HAS BEEN SERVED ON THE OTHER PARTY, THE OTHER PARTY HAS 20 DAYS TO FILE A RESPONSE TO THE PETITION.
Generally speaking, the response will admit or deny the allegations contained in the divorce petition and may contain a counterclaim. The counterclaim usually lays out the wishes of the other party regarding division of assets, division of debt, child custody, and child support. If the other party does file a counterclaim, the original filing party must file and serve a response to the counterclaim.
III. AFTER BOTH PARTIES HAVE FILED THE INITIAL DOCUMENTS, THE CASE PROCEEDS TO THE DISCOVERY STAGE.
Discovery stage gives each party an opportunity to ask the other party questions and request that they turn over certain documents. Regardless of whether either party serves discovery on the other party, each party must turn over certain documents to the other side, call mandatory disclosures. The mandatory disclosures that are required include:
An Affidavit Verifying Income
Proof of income of the party from all sources including W-2’s, 1099 forms, and K-1 forms for the past two years,
Recent Pay stubs
Proof of the amount of court-ordered child support and spousal maintenance actually paid by the party in any case other than the one in which disclosure is being provided,
Proof of the cost of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition,
Proof of the cost of any child care expenses paid by the party for any child listed or referenced in the petition,
Proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition, and
Proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed or referenced in the petition.