Family law issues are complicated. Whether you find yourself in a divorce, a child custody dispute, a child or spousal support disagreement, a complicated adoption case, or a struggle with property division; we can help. Divorce and other family law matters are some of the most difficult times in a person's life, and you need a strong attorney by your side.

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Court orders and agreed-upon resolutions in divorce and other family law matters are legally binding and can affect you for years.

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At Lady Justice Law, we are experienced mediators and negotiators, and we can help you reach an amicable settlement whenever possible. We are also experienced Trial Attorneys and, when necessary, we are ready to take your case to court to ensure a fair outcome.

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If you have legal concerns, contact us today and schedule a free consultation with an attorney at Lady Justice Law.

Divorce Process

Divorce litigation is the most common reason why our clients seek the help of a family law attorney.  Meeting with an attorney early will make the process easier.​

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Grounds for the divorce

The first part of the process is to decide whether to file for a no-fault divorce or a fault divorce. Most people file for a no-fault divorce, which states that you and your spouse have irreconcilable differences. You can also file for a no-fault divorce if you live apart and have lived apart for at least five consecutive years.

 

Alternatively, you can file for a no-fault divorce, which places the responsibility on both spouses. The grounds for a no-fault divorce include: a felony conviction; adultery; domestic abuse, which includes mental and physical harm; abandonment; neglect; and addiction.

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Contested vs. Uncontested divorce:

Next, decide whether to file for a contested or uncontested divorce. An uncontested divorce is one where you and your ex-spouse agree on everything. This goes by pretty quickly and we can help you prepare and file the appropriate paperwork.

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A contested divorce is when you really need the help of good attorney. It occurs in situations where you need the assistance of an attorney in negotiating and reaching an agreement with your ex-spouse, and if that doesn't work, they will represent you in trial.

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Typically, an uncontested divorce only works for couples without children or significant assets. Most couples disagree on one or more issues of their divorce and require help to ensure fair outcomes regarding child custody, property division, spousal support and other issues.

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Filing for Divorce

You file for divorce in court. This involves a lot of legal documents that an attorney can help with. Which documents to file will change if children are involved.

 

If you have no children, you must file: the Petition for Divorce; a summons with orders; and a family law case information sheet.

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If you do have children, then you will also need to file: a petition for divorce with children, a parenting plan, an income affidavit, and a standard or shared custody worksheets.

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Settlement, Meditation and Litigation Processes

Once one spouse has been served with a petition for divorce, the divorce process has officially begun. Some couples have already agreed on the terms of their divorce, while others require mediation to reach a resolution. If couples cannot reach an agreement, the court intervenes. Each issue that cannot be resolved requires its own court date, so the more disagreements there are, the longer the divorce process will take. A seriously contentious divorce can take two years or more to resolve.

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It is important to have the help of an attorney through mediation and litigation. Each spouse can have their own attorney during this process, and having representation ensures your rights are protected.

In Idaho, the law allows for two-party divorces. Here, some issues are resolved quickly, allowing a settlement to be reached, while the court has jurisdiction to deal with other issues that cannot be agreed upon.

Annulment

While a divorce legally ends a marriage, an annulment confirms that the two people were never legally married.

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There are six possible grounds for an annulment in Idaho: one party was under the legal age of consent of 18 at the time of marriage, and their parents did not consent to the marriage on their behalf; the former wife or husband of one of the spouses is still alive, and their marriage is still legally valid; one spouse is of unsound mind; the consent of either party was obtained by fraud unless they continued to live as a couple after the fraud was discovered; consent of one part was contained by force; or at the time of marriage, either party was physically incapable of entering into the marriage, and the physical incapacity is permanent.

Alternatives to Divorce

Some spouses want to end their marriage without a divorce. These couples may choose to annul the marriage or live apart.

Legal Separation

Some couples decide to separate through divorce, allowing them to divide their assets and make decisions about child custody, child support, and spousal support just as they would in a divorce. But in a legal separation the marriage still exists.

 

Legal separation allows parties to live apart and remain legally married. Couples may choose this option for religious reasons or to maintain health insurance. It also gives couples the opportunity to reconcile and continue their marriage if they later choose.

Marital Assets

Assets are divided into separate assets and joint assets. Separate property is anything you owned before you got married, as well as gifts and inheritances. Separate property belongs to each person even after the end of the marriage. In Idaho marital assets are community property, and includes all property other than separate property, and is generally divided equally in a divorce. This includes bank accounts, pensions, property, businesses etc.

 

Equalizing assets is difficult; an attorney will take the time to understand your individual needs and work to ensure that your assets are distributed in a way that protects your best interests.

Child Custody

Child custody can be one of the most agonizing issues in family law. Having an attorney help you mediate between you and your spouse, can protect your children from the dispute.

 

Idaho recognizes two types of child custody, legal custody and physical custody. Legal custody means making decisions for the child, such as which school the child attends or what religion the child practices. While physical custody means the time the parent has the child.

 

Courts favor a shared parenting plan unless there is a reason why one parent is dangerous to the child. Either way, an attorney can help you determine a plan that meets your and your child's needs. If necessary, they will fight for your custody in court.

Child Support

In Idaho, both parents have a legal obligation to contribute financially to their children's education. Generally, the person with the highest income pays child support to the other parent, unless that parent is the custodian and the child spends most with that parent.

 

Paying child support is a legal obligation, and failure to pay can have serious consequences, including wage garnishment and even jail time. That's why it's important that payments are fair.

Modifying a Divorce Decree

Although the divorce decree is legally binding, it is possible to request a modification. However, the court requires that there has been a substantial change in circumstances. Whether it's child custody, spousal support, or child support, your attorney can help you prove your case and secure the changes you need.

 

Reasons to need a modification include: a decrease or increase in income, illness, changing needs of the child, moving, or losing a job.

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Schedule a Free 30-minute consultation with one of our Lady Justice Law Attorneys:

We offer a free consultation to help you clarify your next steps. This is also an opportunity to speak with legal counsel to decide if they are right for your case.