Family Law

Family Law

Family law encompasses a number of different issues. Some are often uncomfortable, like divorce, child custody and asset division. Others can be joyous occasions, like adoptions. At Bolton Law, we work with our clients and opposing attorneys in order to facilitate the best possible outcome.

  • Divorce – Psychologists and psychiatrists confirm that going through a divorce is the second most stressful event of a person’s life. At Bolton law, we do what we can to make the process as simple and straightforward as possible.
  • Asset division – Idaho is a community property state, which means assets you accumulated together during the course of your marriage belong equally to you both.
  • Child custody – We help parents form their own parenting agreements. If that is not possible, we go to trial and present evidence in support of the position of our client. The court ultimately makes its decision based on what is in the best interest of the children.
  • Paternity – Children are entitled to know who their father is. Whether you are a mother trying to establish paternity and collect child support, or a father who wants to establish a relationship with your child, at Bolton Law, we can help.
  • Child support – Idaho courts believe that each parent is responsible for the support of their children. Amounts each parent must contribute depends on the unique circumstances of each case.
  • Adoption – An adoption can be a very happy event, but it is not without its own set of stressors. Idaho has strict laws concerning who can adopt and who can be adopted. Biological parents must give their consent or have their paternal rights legally terminated.

Whatever your family law needs are, you can trust Bolton Law to be a strong advocate for you. We have a track record of success in fighting for children and their families.

Resources

Divorce Cases 

It is critically important that you obtain the necessary Divorce and Child Custody order and the assistance of an attorney in that process will help prevent critical mistakes that cause problems for you in the future. Contact Bolton Law for the important help you will need to guide you through this important legal proceeding.

There are two categories of divorce cases: no-fault or fault-based divorce. As the classification implies, in a no-fault divorce case you do not have to prove that your spouse was at fault for the divorce, only irreconcilable differences, which means that you and your spouse simply can’t get along. 

For fault-based divorce, however, you have to prove spousal misconduct which has led to the divorce. Idaho fault grounds include: 

  • Adultery 
  • Extreme Cruelty 
  • willful desertion (one spouse must have lived apart for more than one year with the intention of abandoning the marriage)
  • willful neglect (husband’s failure to provide his wife with the common necessaries of life for at least one year, due to his laziness or refusal to work)
  • habitual drunkenness for more than one year
  • a felony conviction, and
  • permanent insanity (spouse must have been a resident of a mental institution for at least three years).

While no-fault cases are usually an easier process, there are reasons to seek a fault-based divorce, such as implications to property division, child custody, and support awards.

The majority of Idaho’s family law forms are easily accessible from the Idaho Judicial Branch’s Self-Help website. Make note of the fact that the form you need to complete based on where you live in Idaho. 

To file for divorce without children in Idaho, you must submit the following forms:

  • Family Law Case Information Sheet
  • Petition for Divorce (No Children)
  • Summons with Orders
  • Affidavit of Service with Orders, and
  • Vital Statistics Form.

If you have children, you’ll need to file the following Idaho divorce forms:

  • Family Law Case Information Sheet
  • Petition for Divorce (With Children)
  • Summons with Orders
  • Affidavit of Service with Orders
  • Affidavit Verifying Income
  • Shared or Split Custody Worksheet or Standard Custody Worksheet
  • Parenting Plan, and
  • Vital Statistics Certificate of Divorce.

Idaho Statutes on Divorce

Idaho Code Ann. § 32-701 

Idaho Code Ann. § 32-610 

Idaho  Code Ann. §32-601

Idaho Code Ann. §32-801

Other Helpful Links

Idaho Legal Aid

Idaho’s Legal Services Directory

Idaho Divorce FAQ from Womenslaw.org

Idaho.gov’s Divorce Homepage 

Adoption

Idaho Department of Health and Welfare Adoption FAQ

Adoption Information from Considering Adoption