Family law issues are some of the more complex that we deal with at Foley Freeman. The stakes could not be higher. Whether they are seeking a divorce or finalizing an adoption, clients want efficient, stress-free legal services at a reasonable cost.
Our dedicated and professional team is committed to providing compassionate, thorough support in every family law case.
Our firm has tackled a variety of family law issues, and our attorneys act as strong advocates for our clients, focusing on helping them achieve the best possible outcome in their unique situations. Please call a Boise family law attorney to learn more about our services.
We offer a convenient phone consultation as an accessible first step for clients seeking legal guidance.
Our Experienced Family Law Attorneys
The attorneys at Foley Freeman work as a dedicated team to provide collaborative and personalized legal support for every client.
We represent clients in a variety of legal issues, ensuring compassionate and strategic counsel tailored to each family’s unique circumstances.
With over a decade of experience, Foley Freeman has handled complex family law circumstances, helping clients navigate even the most challenging cases.
Divorce
Idaho recognizes both no-fault and fault-based divorce. The fault grounds include:
- Adultery
- Extreme cruelty
- Desertion
- Neglect
- Felony conviction
- Habitual intemperance
- Insanity
Our Boise family law attorneys can help with simple uncontested divorces, or we can negotiate with your spouse’s lawyer to reach common ground on critical issues. When necessary, we are ready to fight for a fair outcome through litigation to protect your interests.
Child Custody
Custody cases can be especially emotional for both parents and children. Parents can agree to child custody and a parenting plan, but a judge will step in when parents cannot get on the same page. The legal standard for deciding custody is what is in the child’s best interests, and Idaho Code § 32-717 contains a list of factors that guide the judge’s analysis.
The custody process involves careful consideration of the child’s needs, future, and unique circumstances. Our firm can assist you throughout your custody case, including pursuing full custody or establishing visitation arrangements that prioritize your child’s well-being.
Child Support
Idaho has created child support guidelines to simplify the calculation of child support. Nonetheless, some wrinkles can arise, especially if your spouse is trying to suppress their income or if your child has unusual medical or educational needs.
Spousal Maintenance
Spousal maintenance typically consists of one spouse making regular payments to the other after divorce. In some states, a spouse is entitled to maintenance payments if they have been married for a certain length of time, but Idaho takes a different approach. Typically, we need to show that a client lacks sufficient property or job prospects to support themselves. A judge considers many factors when deciding how much maintenance to award and for the duration. (See Idaho Code § 32-705).
Division of Community Property
Idaho is a community property state. Most assets a couple acquires while married are community assets, which are divided 50/50 in divorce. Some complicated issues can arise, like:
- Whether an asset is community or separate property.
- How to divide business assets such as a small business.
- Community assets each spouse will take after a divorce.
- Dividing retirement accounts the right way.
We can advise clients on which assets to request, based on their post-divorce goals.
Modifications and Enforcement
Sometimes disputes continue even after a judge hands down the divorce decree. We can help if you are trying to enforce a child support or custody order, or if you need to modify it due to life changes. Neither process is easy, and judges do not simply rubber-stamp your request. Hire a seasoned family law attorney for help.
Paternity Actions
A man has no legal right to see a child until he establishes paternity, and the state cannot demand child support until paternity is established. Typically, a DNA test establishes paternity. Let us guide you through the process and discuss what happens next. Once a judge determines a man is the father, the court quickly moves on to consideration of child support.
Adoptions
Adding to your family is a great joy. Foley Freeman can help with various adoptions, including:
- Stepparent adoptions
- Foster care adoptions
- Closed or open adoptions
- Independent adoptions
- Interstate adoptions
We can discuss the requirements, including the home study and what to expect. Even those going through an adoption agency should seek independent legal advice.
Guardianships
Our firm can help anyone seeking to be appointed guardian for someone else who cannot make decisions for themselves. Often, our clients seek guardianship for an elderly parent, an adult with special needs, or a minor under 18.
Our firm can also help clients seek a conservatorship, in which a court appoints them to manage someone’s finances.
Serving the Boise Community
Our firm opened its doors in 1978 in a small house in Meridian. From these humble beginnings, we have grown to become a recognizable feature of the Idaho legal landscape, with thousands of satisfied customers in different parts of the state. Our lawyers are leaders in the industry and maintain current knowledge of changes in Idaho family law, which we leverage for the benefit of our clients.
We serve clients throughout Treasure Valley and Canyon County.
Our firm is known for its professional reputation and commitment to high-quality legal representation in the region. In addition to family law, our attorneys have experience in criminal defense, business law, and bankruptcy, providing comprehensive legal services to meet a variety of client needs. We offer our Boise clients the same legal knowledge and attention to detail that we have offered the public for decades.
FAQs: Family Law in Boise
What are the residency requirements for filing for divorce in Idaho?
To file for divorce in Idaho, you or your spouse must have been a resident of the state for at least six full weeks immediately preceding the filing of the initial divorce petition. This rule is consistent throughout the state, including in the courts of Boise. If you meet this residency requirement, you can then file your Petition for Divorce in the District Court of the county where either you or your spouse resides. Meeting the statutory residency rule is the essential first step before the court can legally take jurisdiction over your marriage and proceed with the case.
How is marital property divided under Idaho community property laws?
Idaho is a community property state. This means that all assets and debts acquired by you and your spouse from the date of marriage until the date of separation are considered “community property” and must be divided equally (50/50) between the parties during a divorce. Property owned by either party before the marriage or received individually as a gift or inheritance is classified as “separate property” and is generally not subject to division. Proper identification, inventory, and valuation of community versus separate property is a highly complex process often requiring meticulous legal guidance in Boise.
How does the court determine if spousal maintenance (alimony) will be awarded in Idaho?
In Idaho, spousal maintenance (often called alimony) is not guaranteed and is only awarded when two criteria are met. First, the requesting spouse must prove they genuinely lack sufficient property to provide for their reasonable needs. Second, they must prove they cannot support themselves through employment. If this need is established, the court then considers a variety of factors, including the duration of the marriage, the paying spouse’s ability to pay, the receiving spouse’s education and training, and the relative fault of either party in causing the breakdown of the marriage. Because there are no set formulas, getting strategic advice from a Boise family law attorney is crucial.
Schedule a Consultation with a Boise Family Law Attorney
Anyone confronting a family law issue should reach out to Foley Freeman today to talk with a lawyer. We offer private, individual consultations where you can openly discuss your legal issue.