Benefits of Selecting an Idaho Divorce Firm
It is often far easier to use a local divorce law firm when going through an Idaho divorce proceeding. A local law firm will be able to help you to understand Idaho divorce law and specific statutes as they apply to your case. Local law firms are able to meet you and spend more time getting to know you and understand your divorce.
Divorce laws will vary greatly from state to state. Idaho is a community property state, so property is divided equally between spouses. A local law firm will know these laws and how they will impact your divorce . Because a local firm will have dealt with the local court system on many occasions, they will also know the judges as well as other court personnel. This can help you when it comes to trial as the local firm will know what to expect.
A local law firm is also able to offer you more one-on-one time due to their smaller size. Sometimes a larger, national firm will pass you off to a paralegal or another attorney. This can happen more often if your case is not viewed by the firm as a large money maker. Although large firms may have the advantage of having more attorneys and resources, a local firm may be the better option if you want more individualized attention.
An Overview of Services Provided by Idaho Divorce Lawyers
For divorcing couples in Idaho, a family law attorney is a critical resource who can provide counsel, guidance and support throughout the divorce process. The services that Idaho divorce law firms generally offer to clients include the following: Mediation – Many families find solutions to their differences through mediation. In these cases, spouses work with their lawyers to come to a compromise that is acceptable to both parties. While mediation is often preferable because it requires less court involvement, it is not the best solution for every family. A family law firm can help you determine whether or not mediation is right for you. Child custody – Children are often the most contested issue in divorce. Parents and children may experience a great deal of emotional turmoil during and after the divorce. It’s crucial that you choose a family law firm that understands how to navigate this process to ensure the best outcomes for everyone involved. Asset division – Your attorneys can help you understand Idaho’s property laws and how they will affect the outcome of your divorce. In some cases, asset division can lead to tax consequences and other issues that can impact your future. A family law firm will help you understand these consequences and make the right decision for you. Tax and debt issues – In cases of divorce, taxes, debts and credit problems can become complicated. Your family law firm will work with you to identify issues and work with your financial and tax advisors to achieve the best possible results for you. For example, a divorce can complicate your tax filing status and lead to unintended consequences regarding child support and alimony, while certain decisions can have an impact on credit rating and debt interest rates.
Things to Look for Before Hiring an Idaho Divorce Lawyer
Just as you search for a family doctor or orthodontist that can serve your needs, so too should you be careful in choosing a divorce attorney. Not only are you looking for someone with certain qualifications and skills, but the client-lawyer relationship is highly personal, and therefore should be a relationship with which you feel comfortable. Experience is certainly one of the more obvious factors to consider when choosing your lawyer. You want someone who has handled similar cases and issues before. Has she gone to trial? Has she represented someone like you? Of course, experience isn’t merely about how long your lawyer has been practicing or a number of cases tried. It relates to the knowledge and approach your lawyer has to your concerns. Are you getting sound advice or merely the type of advice he or she typically gives to clients? One benefit to our clients is that we prepare the same types of pleadings, motions, and discovery (i.e. the written forms of legal discovery such as interrogatories and requests for production of documents) for every case. While your case is unique, we prepare the forms we hope to file in every case that move toward the outcome our clients seek, based on the formula that we have seen work. We also prepare, almost without fail, all motions that are filed in a case. That doesn’t mean we will file every motion specifically, only that we prepare each and every motion we see routinely filed. We believe our experience allows us to see a bit more of the big picture than we would see if we were only actively pursuing your case without seeing where it’s likely headed long-term. With that said, having seen many of these issues before and having predicted outcomes accurately doesn’t mean your case will inevitably turn out just as those other cases have. That is the work of a crystal ball! You may not want your lawyer to have handled similar cases in the past if you are looking for novel arguments and unique representations. Also, be careful of lawyers who have very specific experiences, like "I only do divorces for teachers." Not long ago, we had a case involving admission to the Idaho Bar where the attorney wanted guarantees among other things – we don’t make guarantees in the world of litigation, including divorce! Personal referrals are likely the most obvious sources of information, but not necessarily the best. Just because your sister’s cousin’s best friend believes her lawyer is great doesn’t mean you will believe the same thing. We encourage clients to interview two or three lawyers. Among those lawyers, those clients who choose us generally feel a connection with us. It’s the same sort of connection that allows teammates, classmates, or even people seeing the same doctor feel like they want to cheer for each other to help achieve their individual goals. If you like your lawyer and feel like they like you, then there is a good chance that you will work better with that lawyer. Testimonials from past clients are helpful too. After all, who knows you better? We do know this — we have obtained a number of glowing testimonials from past and present clients. The words our clients have used in their testimonials demonstrate that they value our service and that they have been satisfied with us. Testimonials can be posted on various websites or even seen after going to the law firm’s website. Finally, there is cost. You can pay anywhere from $125 to $600 per hour for an Idaho divorce attorney. When you find a lawyer you want to hire, don’t be afraid to talk to him or her about a fee schedule. With that said, be careful, like the lawyers themselves, of someone who offers you the cheapest price. There’s always that old adage: you get what you pay for. Generally, our hourly fees range depending on the attorney and the work being done.
Idaho Divorce Law Explained
In understanding the nuances of Idaho divorce laws, it is essential to determine whether you or your spouse meet the residency requirements for filing in the state. Under Idaho Code §§ 32-701(1) and 32-1403, there are three known grounds for divorce: irreconcilable differences, willful desertion without cause, or adultery. If you are thinking about filing for a divorce, it is important to understand not only whether you are eligible to file, but also which requirements must be met under Idaho law to file in Idaho. While the state does not have a residency requirement for filing for a divorce by reason of irreconcilable differences, it does have a six week time limit for meeting the requirements for filing for a divorce by reason of willful desertion or adultery. To qualify for a divorce under these two reasons, either you or your spouse must have resided in the county in which you file the divorce for six weeks immediately before filing for divorce. Idaho is a community property state, which means that most property acquired after marriage becomes community property. Community property is generally divided equally between spouses in a divorce, however, there are exceptions.
The Importance of Mediation in Idaho Divorces
Mediation has become a nearly universal part of Idaho divorces. Mediation is the process through which the parties, with their attorneys, and a neutral, sit down and attempt to negotiate a settlement of their case. The mediator will typically separate the parties and meet with them one at a time in a series of joint discussions and private caucuses, where they will discuss their interests, needs, desires, concerns and positions relating to the case. The mediator is a neutral and facilitates the negotiations between the parties. He or she does not represent either party, and does not make decisions for the parties. The mediator also helps parties narrow down the issues in a case to the critical ones, which assists in the case being resolved once all of the issues are cleared up.
Mediations can take anywhere from 1-4 days, depending on the complexity of the issues and the willingness of the parties to reach a settlement. Regardless of whether the mediation resolves all of the outstanding issues in the case, even if you and your spouse agree on everything at the start, there are always surprises that can come out of a mediation to address at a settlement conference the next day with the judge.
In cases where there are children involved, it also may be very important to state your case for custody to the judge at the settlement conference. In the days before mediation, lawyers rarely made it to court to state their case for custody. Now , where there are child custody disputes, the judge will hear testimony from both you and your ex, and any witnesses they choose to call. Although the judge will not make a final decision at the settlement conference, you have the chance to make your best argument in front of the judge. This can be critical so as to demonstrate to the court what kind of parent you are, and how you can encourage a great relationship with your spouse and your children.
While mediation is very important, it should not make up more than one day of your divorce. If parties go to mediation expecting a solution to all issues in one day, they usually walk out frustrated. We believe that there is a clear difference in negotiating versus mediating. While mediation has great advantages in quickly resolving issues in good faith, and neutralizing the adversarial process, it does not make a conversion hearing any easier – it is still the same judge, presiding over the same issues. Instead of pretending that the issues are all resolved at mediation, the real focus should be on identifying the issues, agreeing to exchange information in a timely manner, and getting to a settlement conference. From our experience, negotiation allows for resolution of most issues, while still allowing the parties to get their day in court – we do not think it should be either/or. However, mediation is one more powerful tool available to litigants to resolve their cases.
Tips for Your Initial Consultation with a Divorce Lawyer
There are a few things you can do to hit the ground running when you hire an Idaho divorce law firm. I suggest you sit down and make a list of each of your assets, debts, income, and expenses. This should include the following: It is also helpful if you can make a list of the following as well: When you meet with your divorce attorney, they will need to learn more about your family and your specific situation. Additional information is usually needed on issues like child support, child custody, property divisions, maintenance, attorney fees, and finding financial records. The information your attorney requests will vary depending on your unique circumstances and background. For example, in a case where there are children involved, the divorce attorney will usually ask more questions about the marital history and relationship. For cases with no children, the divorce attorney will focus their attention on the division of the assets and liabilities. If appropriate, a divorce attorney may request copies of any marital documents. If the client refuses to provide any of the marital documents, the attorney will generally reserve the right to withdraw from the case if the client goes forward with the divorce.
Success Stories from Clients and Past Cases
Bennett, Gartside and Advisors (BGA) Divorce and Family Law Specialists is a Veteran Owned Idaho Law Firm with lawyers with 20 years experience handling high conflict Divorce and Family Law Cases. Our clients come to us by referrals from friends and former clients and often conclude that we are the right firm for their family law case. One client’s success story included a six figure annual increase in the children’s monthly child support obligation. Attorney Robert Smith, a former Clinical Associate Professor of Law with the Clinical Law Program at the University of Idaho College of Law, where he taught negotiation, mediation and alternative dispute resolution, led the effort resulting in the double digit increase in monthly child support. Our Law Firm hand selected and hired Mr. Smith to lead our team of Divorce and Family Lawyers based on his experience and actual child support increase results . Mr. Smith has 25 years of Family Law Practice in Northern Idaho and was also one of two students in his class who received an A+ in his Advanced Family Law Class and one of only four students in his class who received an A+ in Advanced Civil Procedure at the University of Idaho, College of Law. Mr. Smith is uniquely qualified to represent clients throughout the State of Idaho in Divorce and Family Law matters and obtain the best results for clients going through these difficult, stressful family matters. We also partner with some great forensic accountants when needed to provide our clients with all the financial information necessary in order obtain the best result for our clients. Many of our Divorce and Family Law clients communications us to express their appreciation and results with our Divorce and Family Law legal team.