Divorce Attorney Nampa ID

Divorce and Family Attorney in Nampa, ID

Making the decision to get divorced is not something people take lightly, but divorce is a fact of life. After taking wedding vows, hiring a divorce lawyer is the last thing on most couples minds during the wedding ceremony.  The longer the couple is married chances are they have children and more assets. In this case, if a lawyer for divorce is needed, the divorce can become much more complicated. If you are faced with a divorce and you live in or around Nampa, Idaho, contact an Idaho divorce attorney at the Idaho Divorce Center today.

If you have decided it’s time for you and your spouse to part ways, you need an experienced divorce lawyer. Be sure to choose the best divorce lawyer for your situation. If your situation is an uncontested divorce, you need an experienced uncontested divorce lawyer. In other words, don’t just look for a cheap divorce lawyer.

Sure, you need to ask yourself about cost. How much is a divorce lawyer, but don’t just look for a cheap divorce attorney. Cost is important, and you certainly want an affordable divorce attorney, but Look for a divorce family lawyer that will explain divorce and custody, and splitting of assets. Before contacting a divorce attorney, think of questions to ask divorce attorney on first visit.

You have probably heard horror stories from your friends and family about how hard a divorce can be. Some of them are probably true. Divorce is not easy. It isn’t supposed to be. It is hard and it is complicated. That is precisely why you don’t want to handle it yourself. You need a legal professional to guide you through the process.

The divorce rate in Idaho is higher than most other states. In the United States, the average divorce rate is 6.9 for every 1,000 people. In Idaho, this rate is 8.2. This is due partly to the fact that marriage is more frequent in Idaho. So, it makes sense that the divorce rate would be a bit higher.

It would be great if you could look at divorce like you would any other legal case. You file a complaint, prepare a few motions, and work toward a settlement. Unfortunately, divorce law carries more of an emotional charge than almost any other type of law. This is because you aren’t just dividing assets and determining alimony. You are ending a relationship that lasted years.

Divorce lawyers in Nampa, Idaho are trained to remove the emotional charge that comes with divorce. They will work diligently to get you the best divorce settlement possible in as short a time as possible.

What Does a Divorce Lawyer Do?

Divorce lawyers spend their days meeting with clients and going to family court. They spend a lot of time calling and emailing other lawyers in an effort to settle their cases. Lawyers may have to go back and forth with opposing counsel a dozen times just to get one issue resolved.

When you first meet with your divorce lawyer, they will do a few things. First, they will ask for a background on your marriage. They will ask a lot of questions, including:

• How long were you married
• Names and birthdates of your children
• Assets do you and your spouse have
• Employment status of both spouses
• What led to the breakdown of the marriage
• Have the parties agreed to anything as far as assets or child support?

Once your lawyer confirms that you want to file for divorce, there are a few steps they will take. They will prepare a complaint for divorce and will get something called a certification from you, basically stating that the information you provided is true. They will have you fill out a document called a case information statement. This discloses assets, income, and other pertinent information.

Once the divorce complaint is filed, your lawyer will talk to your spouse’s attorney to see what their position is. A good divorce lawyer will try to negotiate a quick settlement of your case. If both attorneys work together, they should be able to settle at least some of the terms of your divorce.

Most divorce cases are settled. It may involve a few months of negotiating, but nobody wants to go to trial. Not only is that expensive and time consuming, but it is emotionally draining. Divorce lawyers understand this. They don’t want to go to trial either. Family court judges appreciate it when lawyers can professionally resolve a case well before a trial is set.

Lawyer for Divorce Avoids Blame – Focuses on Grounds for Divorce

Every complaint for divorce must indicate what the grounds for divorce are. If you watch a lot of movies and television, you have probably heard of a few of them. The most common is irreconcilable differences. This is basically where both spouses agree that they just don’t get along anymore.

There are cases, however, where the grounds are a bit more specific. Idaho law lists many different grounds for divorce. Most divorce lawyers choose to stay away from assigning blame in their complaint. This is because he or she may have to prove that the basis for the divorce is true. All this does is complicate a divorce. Even if one party did cheat on their spouse, lawyers will not always list adultery as a ground for divorce. The grounds for divorce ultimately have little to no impact on the final judgment anyway.

The grounds for divorce recognized by Idaho include:

• Irreconcilable differences. Idaho is a “no-fault” state. This means that you don’t have to list specific reasons for a divorce. They will accept that the parties simply don’t get along and don’t want to be married anymore. The parties will have to swear that they believe they can no longer live together as husband and wife.
• Adultery in Idaho is defined as voluntary sexual intercourse of one married person with someone who is not their spouse. This basis for divorce requires actual sex. An emotional relationship typically will not count as adultery.
• Extreme cruelty. This is just what it sounds like. It can range from physical abuse to one spouse withholding money from the other. It can even be one spouse refusing to go out socially with the other spouse. Often, extreme cruelty is used as a ground for divorce when one party has psychologically mistreated the other party.
• Willful desertion. Like adultery, it is hard to prove willful desertion. You have to show the following:
  • Your spouse has been gone for more than a year,
  • You didn’t agree with his or her leaving,
  • He or she has not paid support during this time, and
  • You have not caused the desertion

Because it is so hard to prove, most complaints simply list irreconcilable differences as the basis for divorce.

• Willful neglect. Like willful desertion, this reason for divorce is hard to prove. You must show that your spouse has intentionally and recklessly decided to neglect his or her duty as spouse. This usually requires a claim that your spouse has withheld sexual intercourse for at least one year.
• Habitual intemperance. Quite simply, this is a claim that your spouse is an alcoholic. If your wife or husband is constantly drunk, you can attempt a claim of habitual intemperance. Keep in mind, however, that you would have to prove this. It is much easier (and a lot more peaceful) to claim irreconcilable differences.
• Felony conviction. If your spouse has been convicted of a felony, you may use it as grounds for divorce. It is not hard to prove a felony conviction. Usually, a court will expect that your spouse has also been sentenced to jail.
• Again, this term means exactly what you think it means. It is a cause for divorce to say your spouse is insane. However, it is very difficult to prove and can make a painful divorce even worse.

Types of Divorce in Nampa, Idaho

Idaho is similar to most states when it comes to different types of divorce. The three types of divorce in Idaho are:

• Contested divorce
• Uncontested divorce
• Divorce with domestic violence

The first two types have to do with whether or not both parties agree to the divorce and its terms. An uncontested divorce takes less time. Sometimes, the parties agree to leave their divorce complaint uncontested simply to make things easier. Divorce lawyers generally don’t suggest that you have an uncontested divorce. They would much rather both parties simply negotiate a quick settlement arrangement.

Contested Divorce

In every divorce, one party has to file the initial complaint. Sometimes the spouses agree on who will do this. Other times, it is a race to the courthouse. There is a misconception that the filing party has the upper hand. Truthfully, the courts don’t look at either party as having the upper hand.

In a contested divorce, when one spouse files a complaint, the other spouse files a response. It is that simple. What follows is a process whereby each side has the chance to file motions and be heard by the court. Usually, in a contested divorce, the parties negotiate a marital settlement agreement that outlines the terms of the divorce. If they both agree to the terms, the court will divorce them without the need for a trial.

Find an Uncontested Divorce Lawyer for Uncontested Divorce

In an uncontested divorce, one party files the complaint and the other party does nothing. Rather than file a response to the complaint, they let the time period go by and file no response. Once the time to respond expires, the filing spouse can ask the court to grant their divorce. The court will do so withstanding extenuating circumstances.

Uncontested divorces can be completed quickly – usually within a few months. They don’t require the extra steps in a contested divorce such as a settlement conference. They are common with parties who have no assets, no children and no alimony issues.

Divorce with Domestic Violence

The courts make an effort to protect spouses in cases involving domestic violence. This provides for special handling of divorce where one party is guilty of domestic violence. The court will consider this when requiring both parties to attend classes, settlement conferences, and motions. They also take domestic violence into account when setting child custody arrangements. Domestic violence can affect a spouse’s right to have their children although it doesn’t mean an automatic ban on custody.

Important Things a Divorce and Family Lawyer can Help You Consider

If you and your spouse have no children and own no property together, your divorce may be smooth sailing. However, most divorce cases aren’t that easy. Most couples have to address both custody and financial issues when negotiating their divorce settlement. Experienced divorce lawyers in Nampa will work hard to reach a settlement with the other party’s attorney. That way, you can avoid trial. It is in the best interest of both spouses and their children to do so.

There are a few important details you must consider when filing for divorce. They include:

• Spousal support and alimony. The divorce may take months (or even a year or longer) to settle. The court will often order to pay spousal support while the divorce is ongoing. This is especially true if one party needs financial support to maintain their home. The factors a court will take into consideration include the spouse’s
  • Age
  • Earning ability
  • Inability to work because they are caring for young children
  • Emotional and physical condition
• Child custody. Ideally, the parties will come to a custody arrangement on their own. This is better for the children and the parents. If the parents cannot do this, the court will appoint legal professionals to come to an arrangement instead. This custody agreement is in place until they sign the final divorce order.
• Child support. Whichever parent is deemed the custodial parent gets child support from the other parent. The custodial parent is the spouse who will be primarily taking care of the children. This is one issue on which divorcing spouses tend to disagree. Neither parent wants to give the other one custody of their children. Sadly, finances tend to be a part of this disagreement. This is because once a party is the custodial parent, it is very hard to change. This means the other party will likely be paying child support until the kids are either 18 or out of college.
• Property division. If you and your spouse have a house or other property, it will divide in the divorce. Typically, rather than force the couple to sell their home, the court orders one party to buy out the other. This uses a retirement account or savings account. Divorce lawyers are very creative in negotiating this buyout.

Call a Nampa Divorce Attorney Today to Schedule a Consultation

If you are considering divorce, you need to call a Nampa lawyer for divorce today. You can schedule your initial consultation and direct all of your questions to ask a divorce attorney. Do you need a lawyer to get a divorce? You don’t want to face a divorce alone and you may find yourself at a serious disadvantage. It is in your best interest to have someone by your side through the divorce process. Contact the Idaho Divorce Center and ask to speak to a Nampa Divorce Attorney today.