Idaho Falls Family Law Lawyer, Idaho


Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

John Orval Avery

Personal Injury, Bankruptcy, Family Law, Workers' Compensation
Status:  In Good Standing           Licensed:  36 Years

Dale P Thomson

Family Law, Criminal, Contract, Credit & Debt
Status:  In Good Standing           Licensed:  41 Years

Theodore Jason Wood

Personal Injury, Employment Discrimination, Family Law, Litigation
Status:  In Good Standing           Licensed:  27 Years

David Anthony Johnson

Wills & Probate, Family Law, Criminal, Car Accident, Divorce
Status:  In Good Standing           Licensed:  36 Years
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John Petui Osai

Tax, Family Law, Divorce & Family Law, Bankruptcy
Status:  In Good Standing           Licensed:  15 Years

Mark Vernon Withers

State Appellate Practice, Family Law, Disability, Administrative Law
Status:  In Good Standing           Licensed:  31 Years

Sadri Ann Butler

General Practice
Status:  Inactive           Licensed:  15 Years

Kirk Barthold Hadley

Real Estate, Employment, Family Law, Workers' Compensation
Status:  Inactive           Licensed:  33 Years

Stephen R. Barnett

Family Law, Criminal
Status:  Inactive           Licensed:  32 Years

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Free Help: Use This Form or Call 800-943-8690

Member Representative

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

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LEGAL TERMS

MARITAL SETTLEMENT AGREEMENT

See divorce agreement.

DESERTION

The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home f... (more...)
The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home for a specified length of time. Desertion is a grounds for divorce in states with fault divorce.

MARITAL PROPERTY

Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital... (more...)
Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital property; some states include all property and earnings dring the marriage, while others exclude gifts and inheritances.

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

ATTORNEY FEES

The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (... (more...)
The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (the lawyer collects a percentage of any money she wins for her client and nothing if there is no recovery), or retainer (usually a down payment as part of an hourly or per job fee agreement). Attorney fees must usually be paid by the client who hires a lawyer, though occasionally a law or contract will require the losing party of a lawsuit to pay the winner's court costs and attorney fees. For example, a contract might contain a provision that says the loser of any lawsuit between the parties to the contract will pay the winner's attorney fees. Many laws designed to protect consumers also provide for attorney fees -- for example, most state laws that require landlords to provide habitable housing also specify that a tenant who sues and wins using that law may collect attorney fees. And in family law cases -- divorce, custody and child support -- judges often have the power to order the more affluent spouse to pay the other spouse's attorney fees, even where there is no clear victor.

INCURABLE INSANITY

A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of... (more...)
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.

TEMPORARY RESTRAINING ORDER (TRO)

An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court ... (more...)
An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. Although a TRO will often not stop an enraged spouse from acting violently, the police are more willing to intervene if the abused spouse has a TRO.

PREMARITAL AGREEMENT

An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'

PHYSICAL INCAPACITY

The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divor... (more...)
The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divorce, assuming the incapacity was not disclosed to the other spouse before the marriage.

SAMPLE LEGAL CASES

State v. Payne

... For instance, in IC § 41-1325, "`immediate family member' means a parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter." IC § 41-1325(2). Likewise, in IC § 44-1601, "`[i]mmediate ...

Dawson v. Cheyovich Family Trust

... purchase price of the property was $60,000, with Dawson contributing $30,000, Jack Lee McClean contributing $15,000, and the Cheyovich Family Trust contributing ... The interpretation of the Idaho Rules of Civil Procedure is a matter of law over which this Court has free review. ...

Anderson v. Rex Hayes Family Trust

... Neider v. Shaw, 138 Idaho 503, 506, 65 P.3d 525, 528 (2003). This Court exercises free review over questions of law. Id. III. ANALYSIS. ... Russ Ballard & Family Achievement Inst. v. Lava Hot Springs Resort, Inc., 97 Idaho 572, 579, 548 P.2d 72, 79 (1976). ...