Going through a divorce is never an easy process, especially when there are children involved. But knowing what you can expect and being prepared can make all the difference. The attorneys at Gordon Delic & Associates are here to help and provide guidance through any family law matter, including divorce, child custody, child support, and modification.
Grounds for Divorce
In Idaho, you can get a divorce either by alleging that the other spouse is responsible (at fault) for the divorce or without alleging that your spouse is at fault (no-fault). 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.
Our Boise divorce attorneys can help file the necessary documents, inform you of your legal rights and options, and advocate on your behalf. If the other party has retained an attorney, it is absolutely crucial for you to have one too.
Grounds for Divorce
In Idaho, you can get a divorce either by alleging that the other spouse is responsible (at fault) for the divorce or without alleging that your spouse is at fault (no-fault). 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.
Our Boise divorce attorneys can help file the necessary documents, inform you of your legal rights and options, and advocate on your behalf. If the other party has retained an attorney, it is absolutely crucial for you to have one too.
Asset Division
Because Idaho is a community property state, the assets and debts you and your spouse acquire during the marriage belong to you and your spouse equally, 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.
Dividing marital property can be one of the more contentious issues in a divorce. Gordon, Delic & Associates can ensure there are no assets being hidden by the other spouse. We can also ensure that the other spouse is not taking more than they are entitled to under the law. Contact us or call us at (208) 900-9509 today!
Asset Division
Because Idaho is a community property state, the assets and debts you and your spouse acquire during the marriage belong to you and your spouse equally, 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.
Dividing marital property can be one of the more contentious issues in a divorce. Gordon Delic & Associates can ensure there are no assets being hidden by the other spouse. We can also ensure that the other spouse is not taking more than they are entitled to under the law. Contact us today!
Spousal Maintenance
The court may award spousal maintenance, or alimony, to either the husband or the wife if it finds that the spouse seeking maintenance lacks sufficient property to provide for his/her reasonable needs; and is unable to support himself or herself through employment.
When awarding alimony, the court will consider several factors, including the financial resources of the spouse seeking maintenance, the time necessary to acquire sufficient education and training to enable the spouse to find employment, the duration of the marriage, the spouse’s age and health, the ability of the payor spouse to meet his or her needs, the tax consequences to each spouse, and the fault of either party.
An attorney can help you understand all the factors involved when a court orders spousal maintenance. We can also ensure that your rights are protected by negotiating a fair and equitable spousal maintenance plan by gathering pertinent information and presenting it to the court.
Spousal Maintenance
The court may award spousal maintenance, or alimony, to either the husband or the wife if it finds that the spouse seeking maintenance lacks sufficient property to provide for his/her reasonable needs; and is unable to support himself or herself through employment.
When awarding alimony, the court will consider several factors, including the financial resources of the spouse seeking maintenance, the time necessary to acquire sufficient education and training to enable the spouse to find employment, the duration of the marriage, the spouse’s age and health, the ability of the payor spouse to meet his or her needs, the tax consequences to each spouse, and the fault of either party.
An attorney can help you understand all the factors involved when a court orders spousal maintenance. We can also ensure that your rights are protected by negotiating a fair and equitable spousal maintenance plan by gathering pertinent information and presenting it to the court.
Child Custody
When ordering child custody, the court looks at the child’s best interests. There are two components of custody that the court must determine: legal and physical custody. Physical custody determines where the child will live; legal custody refers to the rights of both parents in making decisions about the child’s health and welfare.
Custody arrangements can have huge implications on the child’s life, as well as the parent’s. Coming up with a parenting plan that both parents can agree on can be a difficult process. The attorneys at Gordon Delic & Associates will advocate for you to make sure you get the most favorable custody arrangement for you and your child.
Child Custody
When ordering child custody, the court looks at the child’s best interests. There are two components of custody that the court must determine: legal and physical custody. Physical custody determines where the child will live; legal custody refers to the rights of both parents in making decisions about the child’s health and welfare.
Custody arrangements can have huge implications on the child’s life, as well as the parent’s. Coming up with a parenting plan that both parents can agree on can be a difficult process. The attorneys at Gordon Delic & Associates will advocate for you to make sure you get the most favorable custody arrangement for you and your child.
Child Support
When awarding child support, the court looks at the child’s needs and both the custodial and non-custodial parent’s ability to pay. Idaho’s Child Support Guidelines use the Income Shares Model to calculate the amount of support that must be paid. The Court will also take into consideration the physical custody arrangements when awarding child support.
Child support is designed to maintain a child’s lifestyle and ensure their basic needs are being met. Gathering the necessary evidence to guarantee you receive child support payments from the noncustodial parent is absolutely critical. Having a knowledgeable attorney can make all the difference.
Child Support
When awarding child support, the court looks at the child’s needs and both the custodial and non-custodial parent’s ability to pay. Idaho’s Child Support Guidelines use the Income Shares Model to calculate the amount of support that must be paid. The Court will also take into consideration the physical custody arrangements when awarding child support.
Child support is designed to maintain a child’s lifestyle and ensure their basic needs are being met. Gathering the necessary evidence to guarantee you receive child support payments from the noncustodial parent is absolutely critical. Having a knowledgeable attorney can make all the difference.
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 legal father until paternity is established. Once paternity is established, the father could have the same rights as the mother.
Establishing paternity is important for all the parties involved. Without paternity being established, the court is unable to make orders regarding child custody, child support, visitation rights, etc. If you need help establishing paternity, our attorneys can help by filing a paternity action!
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 legal father until paternity is established. Once paternity is established, the father could have the same rights as the mother.
Establishing paternity is important for all the parties involved. Without paternity being established, the court is unable to make orders regarding child custody, child support, visitation rights, etc. If you need help establishing paternity, our attorneys can help by filing a paternity action!
Civil Protection Orders
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 (the “Petitioner”) 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. No proof or evidence is required to support the allegations – just the Petitioner’s affidavit or sworn statement.
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. A CPO generally lasts up to one year; however, in some cases, it can be renewed indefinitely. 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.
Civil Protection Orders
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 (the “Petitioner”) 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. No proof or evidence is required to support the allegations – just the Petitioner’s affidavit or sworn statement.
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. A CPO generally lasts up to one year; however, in some cases, it can be renewed indefinitely. Whether you’re seeking protection from violence or facing a CPO, acting fast and getting legal help is crucial.
Modifying Child Support, Child Custody, or Spousal Maintenance
The court will modify an existing order upon a showing of material and substantial change in circumstances that impacts one or both parents, or the child. Some examples of material and substantial change in circumstances may include a change in either parent’s income, needing to relocate or move out of state, remarriage, substance abuse, health problems of either parent or child, or other reasons.
If your living situation has substantially changed, or if your child’s needs have substantially changed, our attorneys can file the necessary paperwork to modify your child support and/or child custody arrangement.
Modifying Child Support, Child Custody, or Spousal Maintenance
The court will modify an existing order upon a showing of material and substantial change in circumstances that impacts one or both parents, or the child. Notably, some examples of material and substantial change in circumstances may include a change in either parent’s income, needing to relocate or move out of state, remarriage, substance abuse, health problems of either parent or child, or other reasons.
Furthermore, if your living situation has substantially changed, or if your child’s needs have substantially changed, our attorneys can file the necessary paperwork to modify your child support and/or child custody arrangement.
Family Law FAQs
Divorce In Idaho: What You Need To Know
We can help you navigate the process of filing for divorce and avoid mistakes. Get started by learning more about the divorce petition and summons, contested and uncontested divorces, discovery and mandatory disclosures, and getting the final divorce decree. Divorce is often complicated and emotionally, mentally, and physically taxing, but you don’t have to go through it alone. Check out the article below to learn the basics and see how we can help.
How Do I File Taxes After Divorce?
If you went through a divorce last year, you’ll now be dealing with a different tax situation as a result. You might be filing taxes on your own for the first time or after a long break. From choosing the right tax filing status to determining which parent can claim the child and dependent care credit, there are many factors that need to be considered. Check out the articles below to learn more about filing your taxes after divorce.
How Do Temporary Orders Work During a Divorce?
If a divorce is contested for any reason, it can take several months or even years before your divorce case is finalized. A Temporary Order can help get an immediate (but temporary) decision from the court about urgent family matters that can’t wait until the divorce is finalized. Temporary Orders can include, but are not limited to:
- Temporary Exclusive Possession and Use of the Marital Home, Vehicle, or Other Property
- Temporary Spousal Maintenance (Alimony)
- Temporary Child Custody and Visitation
- Temporary Child Support
Check out the full article to learn more.
IRS Back Taxes After Divorce
If your ex isn’t paying the IRS as directed in your divorce decree, you may have a few options to relieve yourself from liability, including applying for Innocent Spouse Relief, applying for Separation of Liability Relief, or applying for Equitable Relief with the IRS. Each of these options has certain requirements, and requests for relief are not readily accepted by the IRS. If you think you qualify for one of these options, it’s strongly advised to hire an experienced tax attorney to guide you. Check out the full article to learn more and see how Gordon Delic & Associates can help.
Is Your Spouse Using Crypto to Hide Assets in Your Divorce?
We’re seeing a growing number of deceptive spouses hiding cryptocurrency assets in their divorces, including high-net-worth individuals and early technology investors. If you’re going through a divorce, it is important for you to know if your spouse is invested in Bitcoin or another cryptocurrency to ensure that the property division is fair and just. The more knowledgeable that your spouse is in crypto, the more likely it is that they may be hiding assets.
Check out the full article to learn more.
What Happens To Your House In Divorce?
Idaho is one of only nine states that has adopted the “community property” laws for property division. Although there are some exceptions, community property law presumes that all property acquired during the marriage is split 50/50 unless the parties agree on another arrangement. Since the family home is usually a couple’s most valuable asset, it often becomes the most contentious issue in divorce.
Read the full article to learn more about community and separate property and how they affect your assets in a divorce.
