Friday, June 29, 2012

Boise Attorney Discusses Domestic Violence and Your Right to Bear Arms

Domestic Violence and the Right to Bear Arms
As a Boise Divorce Attorney I handle hundreds of domestic violence cases each year.  Some of these are mere allegations of domestic violence, while others actually lead to the implementation of a restraining order or a criminal conviction for domestic violence.  But what exactly, does domestic violence have to do with the right to bear arms?

No Guns for Felons
Firstly, the Second Amendment of United States Constitution grants the right to bear arms to all U.S. Citizens.  Many people know that you can lose this right if you are convicted of a felony.  As a Boise Criminal Attorney, I see individuals lose this right regardless of the nature of the felony.  For example, it makes sense that you would lose your right to carry a gun if you committed a felony involving a gun.  However, it doesn't stop there.  If you incur a third time DUI (a felony), you will lose your right to bear arms.  There are two exceptions to the "any" felony rule.  If you are convicted of a felony in a foreign country or a felony involving an antitrust or unfair trade practices you cannot be convicted in federal court for illegal gun possession.

Domestic Violence Conviction
Prior to 1996, domestic violence, unless it rose to the level of a felony, and gun control had very little to do with one another.  In 1996 the US Congress passed a law that made it illegal to bear arms if you were convicted of the crime of domestic violence.  What does this mean? 

Although domestic violence is a crime, it is often handled in the divorce or family law context and without criminal implications.  An ex parte hearing is the first step.  This is an emergency hearing where the individual who is being abused petitions the court for a temporary restraining order.  The court will issue the order on a temporary 2 week basis to provide protection, but also to give the other side the chance to have their side heard.  If, after hearing the evidence, the judge determines that there has been domestic violence they will order a no contact order.  These generally last a year and must be renewed thereafter.  If the judge determines there was no basis for the temporary order he or she will dismiss the case.  If the battered individual files charges with the police and domestic violence charge is pursued by the prosecuting attorney the individual inflicting the harm can be charged and potentially convicted of the crime of domestic violence.  If this happens, that individual will permanently lose all rights to bear arms.  It doesn't just apply to handguns for protection, but applies to hunting guns and ammunition as well.  I say permanently because, even if your record is expunged or you are otherwise pardoned (the only way to get your right to bear arms back), it can be difficult to restore your rights.

As a Boise Divorce Attorney, I must always counsel my clients on this potentiality.  If you have been convicted of the crime of domestic violence and you have a gun in your possession, instead of being your divorce lawyer, I will become your criminal lawyer.

Even if you aren't convicted of the crime of domestic violence, simply by being subject to a no contact restraining order you will lose your right to bear arms.  This loss of rights, however, is only temporary.  Once the no contact order has expired you can once again go hunting or have a gun in your home for protection.

What If You Use a Gun As Part of Your Work?
Is there a law enforcement or a military exception to the gun control law?
There is not.  The Federal Code does allow for some exceptions to gun possession for law enforcement or military personnel, but not when a domestic violence conviction is involved.  What this means is you, in effect, is you lose your ability to work in your profession because you cannot pack your weapon, nor carry ammunition. 

Domestic Violence is a serious charge.  If you have a DV issue and you would like to speak to a Boise Family Law Attorney, give us a call, (208) 472-2383 and see what we can do for you.




Wednesday, June 27, 2012

Judith S. Wallerstein

I don’t usually reference obituary’s in our blog but I could not let the passing of Judith S. Wallerstein go without mention. See obituary in New York Times at http://www.nytimes.com/2012/06/21/health/research/judith-s-wallerstein-psychologist-who-analyzed-divorce-dies-at-90.html?smid=pl-share  Judith S. Wallerstein is must reading for anyone in the divorce field. Her books are all classics.  They are not only informative but thought provoking and challenged all of us to analyze what we think and what we do.  Her works include:

Second Chances: Men, Women and Children a Decade After Divorce
The Good Marriage: How and Why Love Lasts
Second Chances: Men, Women and Children a Decade After Divorce
Surviving The Breakup: How Children And Parents Cope With Divorce
The Unexpected Legacy of Divorce: A 25-Year Landmark Study
As the New York Times said Judith Wallerstein was “an expert on divorce whose analysis ignited a national debate over its effect on children.”

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM (258) 7/27/12


Monday, June 25, 2012

Government Hopes That Technology Will Help Those Divorcing

It has been reported in the press that the Government is planning to create a "divorce app" to help people who are going through the separation process. It is stated that the app will provide information about how to divorce amicably, how to sort out child support payments with your ex and how not to argue in front of the children. There will also be help for those who are having second thoughts about separating.

Anything that will help those going through the divorce process, which many find painful and stressful, should be welcomed. Those that have young children often find it easier to sort out arrangements for their children if their relationship with their ex is reasonably civilised. Although an app cannot solve relationship problems, highlighting the common issues that separated couples encounter, offering practical advice and alternatives to the court process could help some of the thousands of people who divorce each year.

For more advice on divorce follow our family law blog or follow us on Twitter@Divorce_experts.

Sunday, June 24, 2012

Make Your Own Wedding Ring



I have always been art and crafts oriented.  I make walking sticks and wine bottle stoppers.  I taught arts and crafts at a day camp.  My wife and I each made each other wedding gifts – a necklace from melon seeds and wine glasses from Michelob bottles.  When I saw an article on make your own wedding rings, I was very interested.  The Web site for New York Wedding Ring is http://www.newyorkweddingring.com/?gclid=CKu8r6vk57ACFWIGRQodT3GC2A

They say on their home page:


“Join us for a romantic and rewarding experience as you make your own wedding rings or engagement ring, by hand, in our fine jewelry studios in New York City and San Francisco.

Our one-on-one professional jewelry classes enable couples to make meaningful custom wedding rings in one day under the guidance of a professional goldsmith. We offer 99% recycled metals: gold, platinum, palladium, and mokume gane.

Most of the wedding and engagement rings pictured on this site were handmade in by clients with no prior metal-arts experience. Wedding rings usually take one session while you can make your own engagement ring in 1-2 day workshops. Browse the links above to learn more about New York Wedding Ring's unique attitude towards custom jewelry”
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM (256) 6/24/12

Friday, June 22, 2012

Boise DUI Attorneys - IID and TAD - What Are They and What Do They Mean for You?

DUI and Technology

As a Boise DUI Attorney, I see many individuals sentenced after being found guilty of a DUI or pleading guilty to driving under the influence.  Part of the sentence for a DUI in Idaho involves the use of technology and electronic devices.  The two devices commonly used are the Ignition Interlock Device (IID) and the Transdermal Alcohol Device (TAD).  As a Boise Criminal Lawyer my clients often ask me, "what are these and what are they for?"

Ignition Interlock Device

An IID is a device that is installed on a vehicle's ignition.  The device requires that the individual "blow" before the car can be started.  Like a breathalyzer, it measures the driver's blood alcohol content.  It, periodically, while the car is being driven, also requires that the driver blow to ensure that the alcohol level in the blood has not changed.

In Idaho, an IID is part of the penalty for a second or third time DUI.  It must be installed after the mandatory license suspension term is completed and must remain in place until the period of probation for the offense has expired.  The requirement that the interlock device must be used will be noted on the individual's driver's license.

If anyone assists the individual restrained by the IID to start their car, they will be charged with a misdemeanor.  This, however, doesn't apply if the individual helped start the car in an emergency or mechanical repair of the vehicle, so long as the individual required to use the IID does not operate the vehicle.

Transdermal Alcohol Device

A TAD is an anklet which continually monitors an individual's BAC.  The device records and sends blood alcohol levels to a probation officer.  The device is sophisticated enough to measure fumes of alcohol or chemicals in the individual's presence and can distinguish if the individual has consumed the alcohol or is just in an area where the fumes are present.

As a Boise Criminal Attorney, I have seen many individuals fitted with these devices.  They are not required by statute but often a judge will require that an individual be monitored in this way.  Often it is the case that the greater offender you are, the more likely you will be fitted with a TAD.

Ordinarily, a probation officer would do random UAs to see if the individual was violating their probation.  The use of a TAD is continuous so there aren't any gaps in the monitoring.

A TAD can be ordered pursuant to a DUI conviction or the conviction of any other crime so long as one of the terms of the probation is that there is no consumption of alcohol.  They can also be required as a condition of parole where one of the terms is that the individual may not consume alcohol.

If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Attorney, give us a call (208) 472-2383.  You will be glad you did.

Thursday, June 21, 2012

War of the Roses


The War of the Roses was a civil war in England. Where the thirty years of warfare were even more destructive to England than the Hundred Years war had been in the previous century.
With the Petty disputes that occur between partners throughout a Divorce these days it seems necessary to title this article with such a name.
Research by Manchester law firm (Pannone) revealed to find that one in five divorces feature rows over similarly inexpensive possessions. When a couple divorce, there are bound to be complications or disagreements regarding the house and car, children, and so on, that is expected, but arguments over kitchen supplies and even food seems highly unnecessary and just plain ridiculous.
According to James Tozer (Mail Online) a client of a divorce lawyer asked for help to win custody of delicacies her ex-husband had taken from the kitchen of the marital home. A Particular Frying pan was a common bone of contention. There was even specific instruction by a client to her lawyer to write to her former spouse to return some smoked salmon and expensive mustard he had taken out of the freezer, The Lawyer explained that the legal fees in pursuing this would buy her a lot of smoked salmon, but she was adamant they pressed ahead anyway.
Reading this is just shocking to see what outrageous demands people make. If a small possession had a personal value to you there is understanding in that but in most of these cases it seems some couples fight simply for the sake of fighting, if in the process of Divorce you are unable to agree upon the division of small and personal assets, the court will then make the decision. An appointed person is called in to value the assets. The fee for hiring this person is usually quite substantial and in some cases is actually greater than the value of the items being valued.
So The War that goes on between a lot of couples these days stirs the question of where the argument stems from. Is it because of the desperate need for specific items? Where the amount spent on legal costs arguing about these items can be many times more than the value of the possession itself. Or is it rather to prove a point to their ex-spouses? Seems to me the only person who is going to win in this situation is the lawyer with a large amount of money…
Either which way, the movie, The War of the Roses really drives home what can happen when you focus on destroying another person in the quest to prove a point or be right. My tip for anyone going through this life change is decide from the outset WHO YOU WANT TO BE during the process and stick to that. Don’t get entangled in any sling matches or stoop to levels beneath you. Becoming THAT PERSON WHICH SEEKS REVENGE is something which you will forever regret… If you don’t believe me, check out the trailer for a little summary of the film…
Till next time!
Lots of hugs

Monday, June 18, 2012

Lack of Pre-nup Could Cost Klass Dear

The Daily Mail have reported that Myleene Klass is ready to fight her husband, Graham Quinn, in order to keep her £12million fortune now that they are facing divorce. Their relationship reads like a Hollywood movie: they met twelve years ago whilst she toured as a member of Hear'Say, and he was her bodyguard. Sadly their tale lacks the "happily ever after" ending. The Daily Mail claims that 6 months after their wedding, Mr Quinn left the family home and moved into his recently purchased flat, leaving Myleene and their two daughters.

As one of a new breed of breadwinning wives, it may be expected that Myleene's divorce settlement would include maintenance for her former husband, as well as a large proportion of the capital.  However, their relationship is not a true reversal of the traditional husband and wife roles. Myleene has also been left to look after their children on a daily basis: an argument often used by housewives for needing more of the marital assets than their breadwinning husbands.

Myleene may have benefitted from taking divorce advice before getting married as it may have been in her interest to have entered into a pre-nuptial agreement with Quinn. The family courts now must uphold such agreements unless there is very good reason not to and they provide clear evidence as to what the couple had intended to occur on divorce.

Pre-nuptial agreements can mean that on divorce there is no need to compound the existing hearbreak with the financial and emotional cost of fighting a court battle to sort out the family finances.  Consulting a divorce solicitor before you get married is at the least pragmatic, if not very romantic!

For more advice on divorce law follow our family law blog or follow us on Twitter @Divorce_Experts

Sunday, June 17, 2012

Divorce, Marriage, and the Presidents – Part 5 – Infidelity




WARNING.  THIS BLOG IS A SURVEY OF WHAT IS REPORTED ON THE INTERNET ON PRESIDENTIAL INFIDELITY.  THE BLOG IS MEANT TO REPORT THIS CONTENT AND IN NO WAY REPRESENTS THAT THE MATERIAL IS CORRECT. WHERE THE MATERIAL IS MORE QUESTIONABLE, I HAVE USED RANDOM LETTERS AND NOT FULL NAMES.Is it part of being President that you need to be loved by everyone?  As researched on the internet, “Human nature has not changed at all since the first man was born—let alone since the first president was elected. Indeed, presidential love affairs are almost as old as the profession itself. Many former presidents had affairs before and during their presidencies. In their day, though, most Americans and the rest of the world did not know about what went on—for various or obvious reasons. Following are some alleged relationships of some of the Presidents.
Jefferson promised his dying wife would not marry but had a relationship with wife’s half sister Sally Hemmings and perhaps Maria Cosway in France.   Jefferson became the first to claim “executive privilege”—a term that has acquired a number of different meanings in the life of the republic. It includes numerous liberties for the president that go beyond the bill of rights including “unique sexual rights

Jackson’s extramarital affair appeared to be a mistake. He married wife Rachel Donelson Robards at 24, not knowing her divorce from first husband Lewis Robards remained unsettled.
Van Buren after the death of his wife in 1818, proposed to Ellen Randolph, a granddaughter of Thomas Jefferson, before she married in 1825. In his memoirs, he refers to her as “a very interesting young lady...and my warm friend.”

Garfield according to one biographer, had a brief affair with a Mrs. X in New York City in 1862. His wife discovered the truth and charged him with yielding to “lawless passion”. He later asked Calhoun to return his love letters and then destroyed them.


As previously blogged, before Cleveland’s presidency, 33-year-old Maria C. Halpin moved to Buffalo where she kept company with various men, including the young Cleveland. In 1874, she gave birth to a son, whom she named Oscar Folsom Cleveland. Cleveland, never sure the child was his, provided financial support but refused to marry her.
Wilson married in 1885 and he and his beloved Wife Ellen had three daughters. While vacationing alone in Bermuda one year, Wilson met and became involved in an extramarital affair with Mrs. X. They continued meeting secretly in various places.

As previously  blogged, Harding for 15 years saw X, wife of a Harding friend. Nan Britton while a teenager in Ohio developed a crush on Harding. In 1919, the year before Harding’s run for President, Britton gave birth to a baby girl. She said it was Harding’s.
Eleanor Roosevelt hired Lucy Page Mercer as her social secretary. She unveiled Mercer and her husband’s affair in 1918. She threatened divorce if he did not end the relationship. He agreed, but, despite his promise, resumed the affair later, and Mercer frequently visited the white house and was with Roosevelt when he died in Warm Springs, Georgia.

Kay Summersby was assigned to drive then General Eisenhower during a visit to London. She had been engaged, but her fiancĂ©e had died in combat, after which she became Eisenhower’s personal secretary and military aid.
Correspondence between the two later came to light and soon afterward disappeared. In the letter Eisenhower announced his intention to divorce his wife and marry Summersby. He never divorced his wife, and after the war he never saw Kay Summersby again.

Kennedy is rumored to have had affairs with stripper X, painter Y, mafia wife Judith Campbell Exner and—most famous of them all—actress and sex symbol Marilyn Monroe.  Just recently, White House intern Mimi Alford also disclosed her relationship with Kennedy

One biographer claims that Johnson had a longtime love affair with T. Interestly, she is said to have broken off the relationship because she opposed the Vietnam War.

One of his many sexual partners became pregnant in 1950, prior to him being in the white house. Her name was G and she gave birth to LBJ's son.. Johnson did take care of G and his son financially, both before and after G was born. The illicit affair lasted for 21 years and Johnson set her up in an apartment for their discreet rendezvous.


Clinton:  Monica and many allegedly.  No need to say more.
Interestingly, I  have not been able to find any reference to first lady affairs.

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM (253) 6/17/12

Saturday, June 16, 2012

George Dettwiller



http://georgedettwillerdivorcex.blogspot.com 

George Dettwiller Divorce,George Dettwiller

 Organizational leadership today is more important than ever. As some of our biggest institutions, from airlines to banks to auto makers go bankrupt, we have to ask ourselves: What went wrong? Simultaneously, as brand new companies like Google and Facebook skyrocket to the top of the NYSE, we have to ask ourselves: What went right? Approach of George Dettwiller to organizational leadership answers these questions. What is it in a company’s organization that creates motivation, competitiveness and teamwork? By contrast, what is it that creates animosity, staleness, lack of creativity and “I can’t wait for Friday” attitudes?

Friday, June 15, 2012

George Dettwiller Divorce

George Dettwiller Divorce – Team Building and Discrimination

 George Dettwiller Divorce
Organizational leadership today is more important than ever. As some of our biggest institutions, from airlines to banks to auto makers go bankrupt, we have to ask ourselves: What went wrong? Simultaneously, as brand new companies like Google and Facebook skyrocket to the top of the NYSE, we have to ask ourselves: What went right? Approach of George Dettwiller to organizational leadership answers these questions. What is it in a company’s organization that creates motivation, competitiveness and teamwork? By contrast, what is it that creates animosity, staleness, lack of creativity and “I can’t wait for Friday” attitudes?

One of the biggest challenges a leader faces today is team building and discrimination. It’s time to divorce ourselves from the idea that money is all that matters. George Dettwiller Divorce and many other researchers have found, through extensive corporate and leadership studies, that money is actually one of the least important factors in motivating a workforce. So what actually creates that all important sense of common purpose and motivation? Here’s the George Dettwiller approach.

George Dettwiller Divorce themselves from the idea that an organization should be run by one “superstar CEO.” Instead, organizational leaders today aim to create what’s called “self-leading groups.” These are groups that act independently of the whole organization, while still looking out for the benefit of the whole organization.

George Dettwiller Divorce - A Collection of Self-Leading Groups

Take Google as an example. Engineers are encouraged to spend 20% of their time working on bright ideas of their own creation. Engineers often come together and form their own independent teams to work on such projects. These self-leading groups eventually present their ideas to Larry Page and Sergey Brin, who decide if the projects should get funded. Both Gmail and Google Plus originated from these self-lead groups. Google’s entire organization, from advertising to search engineering to server architecture is organized in a very similar way.

In George Dettwiller organization approach, there are three different ways a leader can approach leading people. Try to divorce yourself from the idea that there is a “one right way” to lead. Instead, aim for flexibility: Each of these styles makes sense in certain situations and not in others. The Democratic Style. As the name suggests, this is the “decision by consensus” style. What direction should the company move in? Take a vote. This approach is stellar for getting people on board with a decision, as they helped make the decision in the first place.

The Sub-Leader Approach. In this approach, you delegate responsibility and power to a leader of a sub-group, who makes the ultimate decision about his or her arena without checking in with you. They can choose to lead their team democratically, authoritatively or through their own sub-groups. However, each person is still responsible for the tasks they’ve delegated. You are responsible for the results that your sub-groups bring in, just as the leaders of your sub-groups are responsible for the results of their subordinates.

Click Here For More Information On George Dettwiller


Tuesday, June 12, 2012

Vote for Divorce Communications!!


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The continuing uncertainty for cohabitees

It has been reported today that multi millionaire artist Damien Hirst has, sadly, separated from his long term partner and mother of his three children Maia Norman.
Whether the couple have ever entered into any form of cohabitation agreement to provide for such a situation is unknown.
There is no doubt that the law already ensures that a rich father must pay child maintenance which is sufficiently generous to allow the children and their mother to enjoy the same sort of standard of living as they have been used to and to provide them with a suitable home whilst the children are in education.
However Ms Norman's situation shines a spotlight on the uncertain state of the law for cohabitees when it comes to sharing property and assets and the sharp contrast with that of a divorcee looking for a financial settlement at the end of a long marriage.
There has been much discussion about a change in the law to provide clear rights for cohabitees but as yet little progress has been made. In the meantime cohabiting couples are left to protect themselves as best they can by taking advice from a Family Lawyer and entering into agreements about their property should the worst happen.

For more advice on divorce follow our family law blog or follow us on Twitter@Divorce_experts

Monday, June 11, 2012

Does cohabitation before marriage make you more likely to divorce?



In all divorce cases, an issue to establish at the outset is the length of the relationship. This can impact upon the amount of the financial settlement. If a couple initially cohabit and then move seamlessly into marriage, the total length of the relationship is considered by the court.



Cohabitation has become the norm. According to the Daily Mail, since 2001, the number of cohabiting couples in Britain has risen dramatically from 2.1 million to 2.9million — and around 80 per cent of us cohabit before marriage.



There are many reasons why couples are more likely to live together first and the majority are not romantic. Many cannot afford to purchase a property on their own and therefore look to join funds. Others wish to test their relationship by living together first. It is suggested that women are more likely to want to cohabit to feel more secure whereas men are more likely to cohabit to put off commitment. Ultimately, many couples then decide to marry.



There may therefore already be cracks in the relationship and the couple mistakenly believes that marriage will resolve those issues. In reality, the relationship has failed and the couple has simply papered over the cracks.



Read more advice on our family law blog or follow us on twitter @Divorce_experts



Sunday, June 10, 2012

Mediated and Collaborated Divorce Agreements are Binding and Fully Enforceable

So here was something interesting that happened a short time ago in a collaborative divorce matter on which I was working.  My client was really struggling with the collaborative concept: the idea that positioning and fighting were no longer necessary and that ALL concerns would be addressed, including concerns relating to their adult child.  For some reason, my client was really not understanding why the litigation (court battle) attorney was no longer necessary during the collaborative process.  Although both my client's coach and I had spent a great deal of time educating the client, there was still a great disconnect somewhere; a hurdle that we just could not seem to over come.

Finally, the day before our first full team collaborative meeting, we figured out the problem: the client did not understand that all of the agreements the spouses reached would be drafted, signed, filed with the court, AND fully enforceable and binding.  I have to admit, I was surprised by this.  It never dawned on me that anyone would think that a mediated or collaborated divorce agreement may not be enforceable in court.  I guess, having been doing this work for so many years led me to take for granted that this was something that is universally understood.  It is something that I share during my initial client orientations, although it is not something I emphasize.  I have since changed my practice to really emphasize the fact that all signed agreements, whether prepared by combating divorce attorneys or collaborative attorneys, or even by a neutral mediator, are binding and fully enforceable.  There is, however, a catch:

The agreement must be properly drafted.

This is why it is so important to have an attorney involved in this part of the process: drafting/review of any and all legal documents.  But that's a conversation for another blog.  Until then, remember, whether you are mediating or collaborating, your signed agreements, when filed with the court are BINDING AND FULLY ENFORCEABLE

Divorce Boat



I use to suggest that we do mediation on a cruise and call it Divorce Boat, a variation on the TV show, Love Boat.  My idea was to let be able to let couples focus and be more relaxed.  It would make it easier to resolve the divorce.  A variation was to do it at a spa.  Most people that it was not a great idea and I never pursued it.   Then on May 27, 2012 I read in the New York Times an article about the Divorce Hotel.  See full article at
http://www.nytimes.com/2012/05/27/business/the-divorce-hotel-a-true-weekend-getaway.html?smid=pl-share  the concept is the same. The rates are high and the difference in state laws is still a problem.   I am curious to see if Divorce Hotel catches on.  Perhaps I will now pursue my idea.  I was impressed that they discussed using mediators but disappointed that no mediators were quoted in the article.   I take issue with the quote of Mr. Cohen, a divorce lawyer, who says,  “the courts are so backed up with cases that people are moving toward mediation and arbitration to end marriages, at least when huge sums of money or child custody are not at stake.” This is a self serving comment made by many divorce attorneys.  We have mediated many cases with multimillion dollar assets and child custody at stake.  It is my experience that mediation actually resolves these cases much better than adversary divorce.  There is no proof to substantiate what Mr. Cohen says.  In fact the study we did shows there is no difference in the financial results of mediated and adversary cases.  See study at http://center-divorce-mediation.com/az_divorce_mediation_study_of_divorce_outcomes1.htm

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM (255) 6/10/12

Friday, June 08, 2012

Boise Family Law Attorneys - (208) 472-2383 Child Support Modification – Out of State Orders


Can I modify my child support if I have an out of state child support order?

As a Boise Family Law Attorney I regularly get calls from individuals who have gone through a divorce in another state and have received a child support order from that state.  In general these individuals would like to know if they can modify their child support in Idaho.  The answer is yes, but there are certain criteria that must be met. If they are met, an Idaho Court can modify an out of state child support order.

What are the criteria to modify an out of state child support order?

·         Neither the child nor either parent can live in the state that issued the original child support order
·         Idaho must be able to exercise personal jurisdiction over the party who owes support (please see below for an explanation of personal jurisdiction)
·         The child support order must be registered in Idaho
·         The requested modification must meet the Idaho criteria for a substantial and material change in circumstances.
What does all this mean?  While the first point is obvious, the other three are not.  Do you have to be a Boise Divorce Attorney to figure out what personal jurisdiction means?  Well, no, but personal jurisdiction is a legal term of art which you may or may not understand.  In general, for a state court to be able to tell you what to do, it has to have authority over you.  This means that you have had to have had contact with a state, either by living there, doing business there or the like, and you are subject to its laws. Your contact with the state gives the court a justified reason for being able to tell you what to do.  You also can submit to personal jurisdiction.  This means, for example, that an Idaho Court has no ability to tell you what to do (because you have had no contract with it) but you give it the ok to tell you what to do.  Clear as mud?
What does it mean to register a child support order in Idaho and do you have to be a Boise Divorce Attorney to register it?  You do not have to be a family law attorney, but you have to follow the procedure outlined in the Uniform Interstate Family Support Act.  Registering it basically transfers jurisdiction from the state which issued the order to Idaho.
What are the criteria for modification of child support in Idaho?  You must show that there has been a substantial and material change in circumstances.  This can be any number of things, such as a change in income, but for an out of state order it can also simply be that Idaho Child Support amount are different from the amounts set by the issuing state.
If you need to modify your child support or need to speak to a Boise Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383 – You will be glad you did.

Criminalisation of Forced Marriage

The Prime Minister and the Home Secretary have just announced that forcing someone to marry is to become a criminal offence in England and Wales.
At present, the civil courts can make forced marriage orders to protect individuals from being forced into marriage or from any attempt to force them into marriage and provide protection to a victim of a forced marriage. This is usually done with the assistance of a specialist family law solicitor as detailed in our blog of 6/7/10. However, by criminalising forced marriage, it formally recognises that to force someone to marry without their consent is against the law and the perpetrator of such will be punished. It is hoped that this will also provide further support and protection to the victim and ultimately prevent forced marriages from happening in the future.
There has been much press coverage over recent months about "honour killings" which brings this issue to the forefront. There is a clear need for recognition that a forced marriage is an abuse of human rights which cannot be justified on cultural grounds. In our multi cultural society it is imperative that we do not shy away from what is clearly wrong and a greater understanding is needed.
Until such time as the as the offence is introduced, specialist family solicitors can advise on the current protective provisions that can be obtained from designated courts across the country, including Manchester.
For more advice on family matters follow our family law blog or follow us on Twitter @Divorce_experts





Wednesday, June 06, 2012

The problems with technology

The difficulties posed by technology for families dealing with separation have been a topic of some interest to media both at home and abroad over the last few days.

It followed an interview with Family department partner Louise Halford by the Sunday Times.

The story was picked up by print and online media elsewhere in Europe and also in Australia.

Louise herself penned a 'blog exploring the theme further for the Huffington Post.
If you find yourself in a similar position or want expert confidential advice on separation or divorce and what it means for you or your children, get in touch.

To arrange a discussion with a family law solicitor click here or call us on 0800 840 4929. We are available to take your call.

You can also get more general advice via the Pannone family law blog or follow us on Twitter @Divorce_experts.



The Farmer wants a pre-nup


Buoyed by the continuing rise in the price of land, the Financial Times has recently reported a rise in pre- and post-nuptial agreements entered into by farmers.

As much of a farmer’s wealth is usually tied up in the land they work, many are trying to protect this asset, as well as the income which they generate from it, by asking their future spouse to enter into a pre-nuptial agreement, or a similar agreement once they have married (a post-nuptial agreement).

Whilst such agreements entered into between a couple are not legally binding in England and Wales, recent case law has increased their prominence and the weight which a judge will attach to them should a couple divorce. The court will hold the parties to the terms agreed unless: the agreement was not entered into freely by each party; they did not have a full appreciation of the implications of the agreement at the time of signing it; or it would be unfair to hold either of them to the agreement.

While courts are keen to avoid selling family farming businesses to make divorce payouts, there are no guarantees that even inherited land will be treated differently from other property and excluded from the total value of assets to be divided when the courts come to a financial settlement. The significant rise in the price of commercial farmland in some parts of the UK has prompted fears amongst farmers that it could form a greater percentage of the money being fought over on divorce. Farmers are therefore keen to do what they can to try and protect this land should their marriage break down.

Farming divorces can be more complicated to resolve than urban separations because most of a couple’s assets may not be in cash but tied up in a working farming business. As a result, a well thought out and carefully structured pre-nuptial agreement can got a considerable way towards protecting a farmer and removing the uncertainty which might otherwise exist.

Our family solicitors have considerable experience in drafting pre-nuptial agreements and advising on the terms of such documents.

For more advice on pre-nuptial agreements or any other family law issue, follow our family law blog or follow us on Twitter @Divorce_experts.







Tuesday, June 05, 2012

Some AWESOME dating tip audios from my friend Candy Janetta!


I would like to introduce you to a friend of mine who helps people find their perfect match after divorce.
She is a relationship coach and author of ‘How to meet your perfect match’. Her name is Candy Janetta.
She is happily married and helped hundreds of single people to get the relationships they want. You can find out more about Candy here: www.howtomeetyourperfectmatch.com
She has kindly allowed me to share some great content she recorded some time ago, which I think you will LOVE. If you like it, tell Candy, she would be chuffed.


















Till next time!
Lots of hugs

Connecting

Spring is a time of growth and change.  It has been nice to connect with individuals and organizations committed to change.  Cathy and I have been fortunate to meet people like Nancy Mackevich Glazer who created Legal Launch. Legal Launch is designed to connect lawyers with career opportunities.  Through  Nancy we met Alyson Carrel, the training director for the Center for Conflict Resolution in Chicago. The Center for Conflict Resolution’s mission is to work with individuals, organizations, and courts to resolve conflict. 

We also connected with Joost Allard from Split Partners.  Split Partners developed the concept of The Divorce Expo (TDE).  They have events planned for Miami, Houston, Philadelphia, and Detroit. On August 18th The Divorce Expo will be held at Hotel Arista in Naperville (a Chicago suburb). TDE offers a unique program with a diverse array of topics and exhibitors all in one location. 

I will be presenting at The Divorce Expo in Naperville on learning how to let go of power struggles between ex-partners.  One of the keys to taking back power is learning how to communicate in a way that empowers you as an individual.  Communicating with your partner can be challenging, communicating with your ex-partner can be excruciating.  I will help participants learn how to take the emotions out of communications.

More information about TDE is available on their website.  To keep updated on new developments or connect with others to exchange experiences, register for the TDE newsletter, or 'like' the facebook page.  Divorce Communications will have a table at the event for participants to get more information about what we do.  If you are planning on attending this event, come by and say hello, we’d love to meet you. 

Divorce Communications will be at the annual conference of the Association of Family and Conciliation Courts (AFCC) June 6th-9th at the Hyatt Regency Chicago.  Stop by, we love meeting people and talking about what we do to help change the face of divorce in the U.S.  You can find more information on both events at https://www.facebook.com/DivorceCommunications.

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