Families are the cornerstone of society,
and it is important to protect them.
At Gordon Delić & Associates, we understand that family law matters can be emotionally charged and legally complex. Whether you are going through a divorce, seeking child custody or support, or dealing with any other family law issue, we are here to help you navigate the legal process and achieve the best possible outcome for you and your family. We pride ourselves on protecting your rights and interests while minimizing the stress and conflict that often accompanies family law matters.
Divorce
In order to file for divorce in Idaho, you must be a resident of Idaho for at least six weeks prior to filing.
Idaho is a no-fault state, meaning you can either request a divorce on an at-fault or no-fault reasons. Most people get divorced on the basis of “irreconcilable difference,” a no-fault reason for divorce. Fault-based grounds for divorce includes adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction, and permanent insanity.
Divorce can be a difficult and emotional process but having an experienced family law attorney by your side can help make the process smoother and less stressful. Whether you are facing a contested divorce or an uncontested divorce, our team is equipped to handle your case with care and professionalism. We will help you understand your rights and obligations under Idaho law, and we will work to negotiate a fair settlement that protects your financial stability and provides for your future.
Prenuptial and Postnuptial Agreements
A prenuptial agreement, or a prenup, is a legal contract that is entered into by two people prior to their marriage.
The purpose of a prenup is to establish the financial rights and obligations of each spouse in the event of a divorce or death. A prenup can cover a variety of topics, including property division, spousal support, and inheritance rights. It can also address issues such as debt, taxes, and retirement accounts.
A postnuptial agreement is very similar to a prenup. The major difference, of course, is that prenups are made before the marriage, while postnuptial agreements are made after marriage.
Our attorneys have experience in drafting and negotiating prenuptial and postnuptial agreements, and they can provide you with the guidance and support you need to make informed decisions about your future.
Child Custody
Child custody is one of the most critical issues in family law, and it can be a highly emotional and stressful time for parents.
There are two types of child custody in Idaho: legal custody and physical custody. Legal custody refers to how parents make medical, religious, and educational decisions for their children. Physical custody refers to the right to have the child reside with the parent.
Whether you are facing a custody dispute during a divorce, or you need to modify a previous custody arrangement, our attorneys have the knowledge and experience to guide you through the process. We will help you understand your rights and obligations under Idaho law, and we will work to negotiate a fair custody agreement that protects your relationship with your children.
Child Support
Child support is an essential component of ensuring that children are provided for financially in the aftermath of a divorce or separation.
In Idaho, child support is determined based on a number of factors, including the income of both parents, the number of children, and the cost of caring for the children. Whether you are seeking to establish a child support order, modify an existing one, or resolve a child support dispute, we can help!
Establishing Paternity
In Idaho, a child born to a married couple is automatically the child of the husband.
If a child is born out of wedlock and the father is unwilling to acknowledge that he is the father, the law will not recognize him as the father until paternity is established. Without paternity being established, the court is unable to make orders regarding child custody, child support, or visitation rights. Whether you are a mother seeking to establish the paternity of your child, or you are a father seeking to establish your legal rights and responsibilities to your child, our attorneys are here to help.
Property Distribution and Division
In Idaho, property acquired during a marriage is considered community property and is subject to an equal division upon divorce, regardless of who purchased it or whose name is on the title.
Property acquired before the marriage, or property acquired by gift, bequest, devise or descent during the marriage is the sole property of the husband or wife.
There are circumstances in which a court may order inequitable division. For example, issues will likely arise if separate property is commingled with marital property. Suppose a spouse receives an inheritance that they use to pay off the mortgage on the family home, but both spouses have contributed to the monthly mortgage. If this happens, you will need to conduct a detailed financial investigation to determine how the sale proceeds get divided.
Whether you are seeking to divide property through negotiation, mediation, or litigation, our attorneys have the knowledge and experience to guide you through the process. If separate property has been commingled with community property, we will work hard to trace those assets for you. We understand the complexities of property division law in Idaho, and we will work with you to understand your unique situation and achieve a resolution that is fair and reasonable.
Spousal Maintenance
Spousal maintenance, or alimony, is a form of financial support paid from one spouse to another after a divorce.
In Idaho, the court may award spousal maintenance in cases where one spouse has a significant financial need and the other spouse has the ability to pay. The decision to award spousal maintenance is based on a number of factors, including the length of the marriage, the earning capacities of both spouses, the standard of living during the marriage, and the financial needs of both spouses. The goal of spousal maintenance is to ensure that both spouses are able to maintain a reasonable standard of living after a divorce.
Civil Protection Order
Domestic violence is an unfortunately common occurrence in many marriages and intimate relationships.
A Civil Protection Order (CPO) is intended to protect victims from domestic violence, malicious harassment, stalking, or telephone harassment. To obtain a CPO, the requesting party only needs to allege that they were hurt, harassed, or threatened by someone and that they are likely to do it again unless the court grants the protection order. Although CPO’s serve an essential purpose, they are often abused to gain an advantage in divorce or child custody cases. If divorcing, you may be denied access to your spouse, your children, and to the family home. Whether you’re trying to protect yourself and your family from violence or harassment, or you have found yourself on the receiving end of CPO, it is crucial to act quickly and obtain legal representation.
Qualified Domestic Relations Order (QDRO)
A QDRO is a special type of court order that divides certain retirement benefits in a divorce.
A QDRO is generally issued after your divorce is finalized, and it instructs the retirement plan administrator on how to divide the retirement benefits between you (the alternate payee) and the former spouse (the employee). It’s essential that your QDRO is accurate and complete.
If a QDRO is not properly drafted or executed, it may not be recognized by the plan administrator or may result in unintended tax consequences or penalties. The process for obtaining a QDRO is lengthy and time consuming as it requires the involvement of numerous parties. We can assist in reviewing and drafting the necessary documents, working with the plan administrator, and ensuring that the QDRO is properly filed with the court.
Civil Protection Order
Domestic violence is an unfortunately common occurrence in many marriages and intimate relationships.
A Civil Protection Order (CPO) is intended to protect victims from domestic violence, malicious harassment, stalking, or telephone harassment. To obtain a CPO, the requesting party only needs to allege that they were hurt, harassed, or threatened by someone and that they are likely to do it again unless the court grants the protection order. Although CPO’s serve an essential purpose, they are often abused to gain an advantage in divorce or child custody cases. If divorcing, you may be denied access to your spouse, your children, and to the family home. Whether you’re trying to protect yourself and your family from violence or harassment, or you have found yourself on the receiving end of CPO, it is crucial to act quickly and obtain legal representation.
Idaho Divorce Process
Step 1: Filing for Divorce
The divorce process starts with filing of the Petition for Divorce and a Summons. Once filed, they must be served on your spouse. You either need to hire a process server or ask your spouse to accept service informally, by email or mail. If the divorce is contested, your spouse will file an “Answer” within 21 days, in most cases, after being served.
Step 2: Establishing Temporary Orders
Temporary orders lay the ground rules for the parties. Courts understand that waiting months for a judge to finalize a divorce is not practical in every situation—say, if you’re a stay-at-home parent who is raising the kids and financially dependent on your spouse. Therefore, you can ask the court for temporary orders regarding child custody, child support, and spousal support when you file for divorce. Many times, temporary orders will evolve into permanent orders.
Step 3: Conducting Discovery
The third step of divorce is usually discovery – the process where you and your attorney collect the information necessary from the other side to support your claims for the divorce, custody, child support, property division, alimony, etc. This is the fact-finding or investigative portion of the divorce process. Discovery will involve Interrogatories (written questions that each party must answer in writing); Request for Production of Documents (a specific request for certain documents to support your case); and Depositions (where your spouse testifies under oath).
Step 4: Negotiating a Settlement
Once Discovery is complete, the next stage in the divorce process is to pursue settling your case. If you and your spouse can’t agree on all the issues (how all property and debts will be divided, spousal support, custody, etc.), you will attend mediation to see if you can reach an agreement. Mediation is the process by which a mediator appointed by the court or agreed to by the parties assists the parties in reaching a mutually acceptable agreement.
Step 5: Go to Trial, if Necessary
If mediation fails, going to trial is the only way to finalize your divorce. Your attorney will prepare you and other witnesses for live oral testimony. Trials in family law are before a judge, not in front of a jury.
FAQ
How long does it take to get divorced in Idaho?
It depends. Your divorce will take at least 21 days, as that is the mandatory waiting period after the divorce petition is served before a divorce can be granted. If your divorce is contested, it could take several months, if not years.
How long do I have to live in Idaho to file for divorce?
The person filing for divorce must reside in Idaho for at least six weeks before filing the petition for divorce.
How will the court divide property if getting a divorce in Idaho?
Idaho is a community property state. This means that any debts and assets acquired during the marriage will be split 50-50 unless agreed otherwise by the divorcing spouses. There are some exceptions, including inheritance and gifts given to one spouse only.
How do Retirement Plans get divided in an Idaho Divorce?
Any retirement earned during the marriage is considered community property and must be divided equally. Any retirement assets earned before the marriage are considered separate assets and not subject to division.
What is a QDRO?
In a divorce, a Qualified Domestic Relations Order (QDRO) requires that a portion of retirement account assets be paid to a former spouse. The plan administrator must determine whether a domestic relation order is a QDRO within a reasonable time after receiving the order.
How is child support determined in Idaho?
Idaho courts use a formula that considers both parents’ gross incomes and the needs of the child to arrive at a monthly child support amount.
Why hire Gordon Delić & Associates?
Knowledge of the Law
Our experienced family law attorneys have a thorough understanding of the laws and regulations that govern family law matters in Idaho. They will utilize their knowledge to provide you with the best legal advice possible.
Protect Your Rights
Our attorneys will work to protect your rights and interests throughout the legal process. They will ensure that you are treated fairly and you’re your rights are respected.
Experience with Court Proceedings
Our attorneys have experience representing clients in court and negotiating settlements. They can use this experience to help you achieve the best possible outcome in your case.
Emotional Support
Family law matters can be stressful and emotionally draining. Our attorneys will provide you with the support and guidance you need to get through this difficult time.
Save Time and Money
Hiring an attorney can actually save you time and money in the long run. Our attorneys will help you avoid costly mistakes and will work to resolve your case efficiently and effectively.
How is Child Custody Determined in Idaho?
Each parent’s wishes for custody.
The wishes of the child.
The interaction and interrelationship of the child with his or her parents, and his or her siblings.
The child’s adjustment to his or her home, school, and community.
The character and circumstances of all individuals involved.
The need to promote continuity and stability in the child’s life.
Each parent’s history of domestic violence, if any.
Any other factor the court deems relevant.
