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.

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 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.

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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 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!

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Alimony

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.

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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.

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Child Support

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.

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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!

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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.

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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.

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.

Getting a Divorce in Idaho

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 in a position of having to file taxes on your own for the first time, or for the first time in a long time. 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.

Filing 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.

Family Law: Temporary Orders

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 believe you may qualify for one of these options, it is highly recommended that you retain a knowledgeable tax attorney to help you through the process. Check out the full article to learn more and see how Gordon Delic & Associates can help.

IRS Back Taxes After Divorce

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