DIVORCE

In a divorce, our first objective is to assist you in arriving at an amicable and timely resolution.  Through mediation and negotiation we will obtain the best settlement for you.  If the divorce is contested however, we will use our vast trial experience to get you the best results possible.

A divorce is one of the most difficult situations your family will ever have to go through. Having an experienced divorce attorney at your side who is competent and who is dedicated to helping you achieve a positive result is the most beneficial thing for both you and your family.

When two people decide to end a marriage, they will need to make decisions regarding children, property, and their new futures apart. In Idaho, a divorce is termed “contested” when the parties involved cannot successfully come to agreements about the decisions that need to be made upon the dissolution of a marriage such as:

Child Custody
Visitation
Property Distribution and Division
Spousal Support Or Alimony
Child Support
Attorney fees

During any divorce proceeding, but particularly in a contested divorce, the advice and support of a competent and devoted lawyer can go a long way in aiding the divorce process. While Idaho law governs the final determinations regarding property distribution, child custody, support and the like, it should be the goal of any divorce lawyer to help secure an outcome that will satisfy the client’s emotional and financial needs.

 

At Marcus, Christian, Hardee & Davies, LLP, we are committed to just that. We work with our clients every step of the way to ensure they understand every step of this confusing and, at times, grueling process.

For most, divorce brings a time of heightened uncertainty, vulnerability, and fear. An experienced, intelligent and confident attorney becomes a crucial part of the process.


At Marcus, Christian, Hardee & Davies, LLP we provide legal assistance to people throughout the Treasure Valley who are facing a divorce. Our legal team has over thirty-five years of experience in dealing with divorce cases in Idaho. Our commitment, hard work and dedication enable us to provide outstanding case results for our clients.  Call now for a free consultation at (208)-342-3563.


Components of Divorce to Consider

What happens to the community property?

During the course of your marriage, whatever the duration, it is a pretty safe bet that you have accumulated lots of personal property.  There are the obvious things: the house, the cars, the bank accounts. Then there are the intangibles: the Medical degree that you or your spouse struggled for, or the MBA that you cheered and encouraged; perhaps the stock options or pension plan that came as a result of the hard work and sacrifices made in you or your spouses’ professional career.

And if you are anything like the average couple, all of these valuables, both those you can lift, and those you can barely define, combined with assets, money, and liabilities from other sources, have been thrown into one big pot over the years. When divorce brings the end of a marital union, this property must be divided.

Idaho engages in equitable distribution as a system for distributing the assets and liabilities involved in a marriage: as the name suggests, this system seeks to divide the assets fairly among the parties.


Equitable Division

When a marriage is dissolved, equitable distribution describes the manner in which property is dispersed between two former spouses. Property owned and acquired during the marriage, including all assets and debts, is termed community property, and is subject to equitable distribution.

In general, property that is acquired prior to marriage, gifts and inheritances are separate property not subject to division.

The presumption in Idaho is that assets and debts acquired during the marriage are divided substantially equally. However, if there are compelling reasons to do otherwise, the courts will order an unequal division of assets and debts. Our responsibility is to acquire the information and documentation necessary to evaluate what constitutes community property, what constitutes your separate property, and how that property should be equitably divided.

Separate vs. Community Property: Which is which?

The trouble is, when two people have been involved in an intimate, close relationship for a number of years, it may be difficult to discern what property constitutes separate property and which assets and liabilities belong to both parties equally. When a marriage dissolves, it may be difficult to determine the exact value of property that is separate, and property that is shared. Certain circumstances force the courts to make difficult decisions about the status of property:

The longer a man and woman are married, the more difficult it becomes to trace the origin of assets, thus making it harder to determine whether alleged separate property is in fact separate property. Consider this: an asset once held by one of the parties individually prior to marriage may have been used to fund other acquisitions during the marriage.

When separate assets are combined during the marriage, there is a real question as to whether the original asset retains its separate property classification. A question like this will often turn on how long the assets have been joined together, and how the resulting combination has been utilized during the marriage. Thus, the co-mingling of assets creates one significant area where the distinctions between separate property and marital assets become blurred.

It can be possible to trace a non-marital asset that has been co-mingled back to its pre-marital origin, when the asset was separate property. Tracing is done as a way of giving the party with a nonmarital asset a non-marital interest in at least part of the asset that has been acquired using non-marital funds. This can be done through a paper trail, and while not always successful, is one way that a spouse can attempt to restore his or her non-marital claim to an asset that has since been combined with other assets.

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