Divorce in Idaho: The Legal Process, Your Rights, and What to Expect - Softcover

Marcus Esq., Craig B

Softcover

ISBN 10: 1943886695 ISBN 13: 9781943886692

Verlag: ADDICUS BOOKS INC, 2018

Inhaltsangabe

Are You Considering a Divorce?

If so, you need all the accurate, objective information you can get to help you make the right decisions for your future. But gathering essential facts about property settlement, division of debt, child custody and support, and so many other pressing subjects can be a time-consuming and frustrating experience.

Attorney Craig B. Marcus understands your needs. During his years of practicing family law, he and his firm, Marcus, Christian, Hardee & Davies, LLP, one of Idaho’s oldest law firms, have helped thousands of individuals navigate the maze of divorce. In Divorce in Idaho, he answers not only the questions on your mind but also those you may not have thought to ask.

Using an easy, question-and-answer format, he offers clear, concise responses that will help build your confidence and give you the peace of mind you need to meet the challenges of this difficult time. You’ll find answers to questions such as:

• How long does it take to get a divorce in Idaho?
• How can I get a divorce if my spouse doesn’t want one?
• Who decides who gets the cars and the house?
• What determines who gets custody of the children?
• How are bills divided and paid during the divorce?
• How much will my divorce cost? Will my spouse have to pay some or all of my attorney fees?

Über diesen Titel

Über die Autorin bzw. den Autor

Craig B. Marcus is the founder of Marcus, Merrick & Montgomery law firm in Boise, Idaho. His practice works with families going through divorce. He resides in Boise, Idaho.

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Divorce in Idaho

The Legal Process, Your Rights and What to Expect

By Craig B. Marcus

Addicus Books, Inc.

Copyright © 2018 Craig B. Marcus
All rights reserved.

ISBN: 978-1-943886-69-2

Contents

Preface, 
Acknowledgments, 
Introduction, 
1 Understanding the Divorce Process, 
2 Coping with Stress during the Divorce Process, 
3 Working with an Attorney, 
4 Attorney's Fees and Costs, 
5 The Discovery Process, 
6 Mediation and Negotiation, 
7 Emergency: When You Fear Your Spouse, 
8 Child Custody, 
9 Child Support, 
10 Alimony and Spousal Maintenance, 
11 Division of Property, 
12 Benefits: Insurance, Retirement, and Pensions, 
13 Division of Debts, 
14 Taxes, 
15 Going to Court, 
16 The Appeal Process, 
In Closing, 
Appendix, 
Resources, 
Glossary, 
About the Author, 

CHAPTER 1

Understanding the Divorce Process

At a time when your life can feel like it's in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, increasing your fear and anxiety. But there is one part of your divorce that does have some measure of predictability and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that it won't go on forever.

Develop a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about "depositions" or "going to trial," and you feel your heart start pounding in fear. Understanding why each step in the divorce process is needed can reduce your frustration about the length of the process. It will support you to begin preparing for what comes next.

Most importantly, understanding the divorce process will make your experience of the entire divorce easier. Who wouldn't prefer that?

1.1 Must I have an attorney to get a divorce in Idaho?

You are not required to have an attorney to obtain a divorce in Idaho. However, if your case involves children, alimony, significant property, or debts, you should avoid proceeding on your own.

If your divorce does not involve any of those issues and you would like to explore handling it yourself, you can contact Idaho Legal Aid, a nonprofit organization with offices in most cities, or the Idaho State Bar Association in Boise for a referral to attorneys who volunteer to provide assistance in some divorce cases. (See Resources at the end of this book.) You will want to see if there are documents or instructions available that you will need or that would be helpful in simple cases. A person who does not have an attorney in a court proceeding and handles the case by themself is referred to as being pro se (on one's own).

If you are considering proceeding without an attorney, at a minimum have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations you are unaware of. Meeting with an attorney can help you decide whether to proceed on your own. Also, there may be deadlines early in the process that may have an impact on the eventual outcome of your case and you do not want to unknowingly jeopardize your case by being unaware of them.

For help completing forms, if you decide to represent yourself without an attorney, visit the Idaho Legal Aid Service's website at www.idaholegalaid.org or visit the Idaho Supreme Court's website at www.courtselfhelp.idaho.gov.

1.2 What is my first step?

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation.

Even if you are not ready to file for divorce, call to schedule an appointment right away to obtain information about protecting yourself and your children. Even if you are not planning to file for divorce, your spouse might be.

Ask what documents you should take to your initial consultation. Make a list of your questions to bring to your first meeting. Start making plans for how you will pay your attorney to begin work on your case.

1.3 What are the steps taken in a divorce action?

The divorce process in Idaho typically involves the following steps.

If you are initiating the divorce:

• Obtain a referral for a lawyer.

• Schedule an appointment with an attorney.

• Prepare questions and gather necessary documents for an initial consultation.

• Meet for an initial consultation with an attorney.

• Pay the attorney a retainer and sign a retainer agreement.

• Provide requested information and documents to your attorney.

• Take other actions as advised by your attorney, such as opening or closing financial accounts.

• Attorney prepares the summons and petition for divorce for your review and signature.

• Attorney files the summons and petition with the clerk of the court.

• Attorney serves the summons and petition on the respondent.

• If interim relief (such as temporary child support, spousal support, or attorney fees) is appropriate, attorney prepares motion papers for your review and signature, files with the court, obtains court date, and serves pleadings on respondent.

If you have been served with divorce papers:

• Obtain a referral for a lawyer.

• Schedule an appointment with an attorney.

• Prepare questions and gather necessary documents for an initial consultation.

• Meet for an initial consultation with an attorney.

• Pay the attorney a retainer and sign a retainer agreement.

• Provide requested information and documents to your attorney.

• Take other actions as advised by your attorney, such as opening or closing financial accounts.

• Attorney prepares a response to the summons and petition for your review and signature.

• Attorney files your response with the clerk of the court within twenty-one days of service of the petition and summons on you.

• If you are served with requests for interim relief, attorney prepares your response to these moving papers.

After an action has been commenced and the response filed:

• With the assistance of your attorney, you need to prepare financial disclosure documents (income and expense declaration and preliminary schedule of assets and debts).

• Negotiations begin regarding temporary custody and visitation, child and spousal support, payment of community obligations, and attorney fees.

• Attorney prepares moving papers for any requests for temporary relief not previously made.

• If there are minor children, the parties comply with any local rules or court orders to attend parent orientation and to participate in mandatory mediation.

• Court holds hearing(s) on requests for temporary relief.

• Either the parties reach an agreement or the court issues temporary orders.

• Temporary order is prepared by one attorney, approved as to form by the other attorney, and submitted to the judge for signature.

• Both sides conduct discovery — the process designed...

Details zur Ausgabe

• Verlag: ADDICUS BOOKS INC
• Erscheinungsdatum: 2018
• Sprache: Englisch
• ISBN 10: 1943886695
• ISBN 13: 9781943886692
• Einband: Taschenbuch
• Anzahl der Seiten: 250
• Kontakt zum Hersteller: Nicht verfügbar
• Verantwortliche Person: Nicht verfügbar