Areas of Practice

 

Family Law

Whether it is a divorce, custody matter, support matter, or Civil Protective Order, our Boise family law attorneys know the intricacies of litigation and will passionately advocate for your interests. Whether you are contemplating filing a famly law action or whether legal proceedings have already begun, our Boise family law attorneys can help you.

We understand the emotional toll that family law cases take and our Boise family law attorneys counsel and represent our clients every step of the way.  Our Boise family law attorneys' trial experience helps ensure that you are ready for any challenge that may arise.

If children are involved, our Boise family law attorneys will work hard to make sure that the kids’ best interests are valued and protected.  Sometimes that means making modifcations to current custody arrangment, and we can help with that too.  

 

Divorce 

A divorce is one of the biggest events many people will go through in their life. Divorce actions impact almost every aspect of a person’s life from property ownership and debt to a person’s schedule if children are involved. In Idaho, either spouse can file for divorce on the grounds of irreconcilable differences or several others depending upon the circumstances.

 

·       Property Division

 

When it comes to divorce property division, Idaho law recognizes a distinction between separate and community (also referred to as marital) property. Community property is split between the spouses while separate property goes independently to the owning spouse.  Generally, any property either spouse owned before the marriage is considered separate property. Separate property also usually consists of items a spouse receives as a gift or individually inherits, even if it is during the marriage. Additionally, if a spouse acquires new property during the marriage through the proceeds of her separate property, that property likely remains her sole possession. The property that does not fall into those three separate property categories is generally considered community property; however, property can change designations during the marriage.

Despite the law identifying which property is community and which is separate, many divorcing couples continue to disagree as to what category some property falls into. It is important to have a divorce attorney that can help a spouse navigate the sometimes-complicated community property laws.

 

Child Custody and support

 

·       Custody

 

Custody issues can be both complicated and emotional for the parents. In Idaho, there is no set custody schedule and the custodial schedules that courts order, both while a case is pending and afterwards, vary widely depending upon the circumstances. Regardless of whether you know what custody schedule you are seeking or whether you want to talk through different options, our child custody attorneys can help you with this complex issue. We will advocate for you from the very beginning of the case and ensure you are well informed of the how the law applies to your specific situation.

 

·       Child Support

 

In Idaho, several factors determine whether either parent will be ordered to pay child support to the other, including each parent’s income and earning capabilities and how much time the child spends with each parent. An award of child support can vary greatly depending upon what factors are taken into account in the calculations. Our child custody attorneys will talk through the calculations with you in detail, asking knowledgeable questions to ensure that the resulting calculation is both fair and in your best interest.

 

Child custody and support modifications 

 

Generally, a child support or custody order can be modified upon a showing by a parent of a substantial and material change in circumstances. Whether you are seeking to change an existing child support or custody order or whether the other parent has brought a modification action against you, our experienced child custody attorneys can advise you on the best approach going forward to accomplish your specific goals. 

 

Child adoptions/guardianships

 

In Idaho, a person or persons seeking the adoption or guardianship of a child file a petition with the court. A hearing and social investigation is generally required. Our adoption attorneys can discuss the details of an adoption or guardianship to assist you with determining the right course of action for you.  Whether it is a pre-birth, family member, or step-parent adoption our experienced adoption attorneys can help you through the process.

 

Adult guardianships and conservatorships 

 

Adult guardianships and conservatorships in Idaho require there be a finding by the court of the protected person’s incapacity. The process involves many individuals including a visitor who meets with the protected person and a physician who examines the person and submits a written report to the court. If you are seeking an adult guardianship and conservatorship for a loved one, our adult guardianship attorneys can help you through the process, informing you of the proper procedure pursuant to Idaho law. Additionally, we have access to many resources in this field of practice and can assist you with locating the necessary individuals to ensure the protected person receives the care and assistance they need.

 

Civil protection orders

 

In Idaho, a civil protection order may be entered when the court finds there is an immediate and present danger of domestic violence to a person. The protection order could affect everything from the Respondent’s housing situation to his/her custody schedule if there are children involved. Our attorneys represent clients on both sides of civil protection order cases. Our in-depth knowledge of the issues surrounding these cases and our civil protection order trial experience ensures our clients’ best interests are protected. 

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 * The information provided on this website is general in nature and should not be relied upon as legal advice.  Jones & Swartz will not give legal advice without consideration of all the relevant facts related to an individual’s circumstances. 

 

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623 W. Hays St.
Boise, ID 83702
Phone:  (208) 489-8989
Fax:  (208) 489-8988