Boise DUI Lawyers - Idaho Criminal Defense Attorneys - (208) 472-2383

Getting Pulled Over for a DUI in Idaho

When you are pulled over for a DUI in Idaho there are some preliminary things that will happen.  Firstly, the officer must have had probable cause to pull you over.  As a Boise DUI Lawyer people often ask me what this element of probable cause means.  Whenever there is a traffic stop, the police must have probably cause; meaning a valid, legal, reason for pulling you over in the first place.  If, for example, you pull away from a curb without using your blinker or you drive the wrong way down a one way street, the police would have probable cause to pull you over because you have violated a law.  If, however, you were driving your 1991 Bronco, with peeling paint and broken door latches, and just sitting at a stop light waiting for it to change, the police do not have probable cause even if they think you are guilty of a crime because you are driving an older vehicle. 

Once you have been pulled over the police will ask you questions and if they smell alcohol or suspect you have been drinking (because of your behavior) they can ask you to get out of the car and take a series of field sobriety tests.  You do not have to take a field sobriety test.  You can politely decline.  If you don’t, however, the police will very likely take you to the police station for a breathalyzer test anyway.  The importance in not taking the field sobriety test is for evidentiary purposes.  The less evidence the police have against you, the better. 

Do You Have to Blow? Don’t I Have a Constitutional Right Protecting Me From Self Incrimination? 

A very common question I receive as a criminal lawyer is, if there is a Constitutional Right not to incriminate yourself, how can you be forced to submit to a breathalyzer test?  What most people don’t realize is that when they received their driver’s license, they have already voluntarily agreed to submit to a breathalyzer test if they are pulled over on the suspicion of a DUI.  It’s like a “agree to the terms” on a website.  You don’t have to agree, but if you don’t, you don’t get to use the website.  You agree to submit to a breathalyzer and if you don’t, you don’t get a license.

What Happens if I refuse to Blow?

If you refuse to take a breathalyzer test the police can require you to submit to a blood draw.  You will be fined and have your license suspended for not blowing, although you are given a 7 day period in which to request a hearing to show cause why you refused.  This license suspension is a separate suspension from the one you will receive if you are found or plead guilty to the underlying DUI.

Something very important to keep in mind is that you do not have the right to have your criminal attorney present when you take a breathalyzer test or for a blood draw.

Challenging a DUI

How ever your BAC is ultimately established, will determine how your case is defended by your DUI Attorney.  If you choose to fight the charge, there are different factors that go into the evidence that is needed to successfully defend your case.  For example, with a blood draw, it is critical to keep in mind that blood decays rapidly and as it decays sugars in the decaying blood turn to alcohol. This can change the concentration of alcohol in your blood.  This isn’t something you would ever address for a breathalyzer challenge.  Another difference is challenging who administered the test.  For a breathalyzer, the arresting officer is supposed to be trained and certified.  If he or she is not, or has not been properly trained, the test results are thrown out.  For a blood test, the Idaho Code requires certain medical personnel to administer the test.  If the wrong person does it, the test results are thrown out. These are just some examples of how a DUI can be challenged.  As noted above, probable cause is another area upon which to challenge your drunk driving charge.  

Important Considerations

One important consideration with DUI is that time is of the essence.  A DUI can have an enormous impact on your life.  If you miss an important deadline or fail to show up it can have lasting consequences.  Another factor to consider is whether or not you want to challenge your DUI.  Taking the time and the money to challenge a DUI can be a very important element for your life.  There are many requirements that are forced upon you by a DUI conviction and they can be extremely stressful.  If not taken care of it can lead to family problems, such as divorce or financial problems, such as unemployment. 

If you choose not to challenge your DUI, that is a choice you can make.  Our criminal law system provides you the opportunity to discover the evidence and to make the challenges before you actually go to trial.  This allows you to make an informed decision about whether to take a plea agreement or go forward to trial.

If you have been charged with a DUI and you would like to speak to one of our Boise Criminal Lawyers, please give us a call, (208) 472-2383 and see what we can do for you.

CSA forced to pay up for mistake

The Herald recently reported that the Child Support Agency (CSA) has paid the legal fees of a father which were incurred by him in disputing repeated demands by the CSA, where those demands were subsequently found to be mistaken.

The CSA claimed that Henry Roy owed £8,000. They pursued Mr Roy twice through the courts before it was found that his liability was limited to just £1,000.

The CSA has admitted that the case was mishandled and will pay £1,700 towards Mr Roy’s costs.

Whilst the reimbursement of his legal fees undoubtedly goes some way towards redressing Mr Roy’s experience, it does not address the misery and stress suffered by Mr Roy during a time when he says that he was made to feel like a criminal.

This is a very unusual outcome and should not be taken as the norm. It does, however, highlight the difficulties experienced by individuals when the CSA gets it wrong.  

I am frequently contacted by individuals who claim that the CSA has made an error in its assessment but pursues the individual regardless. Mr Roy was fortunate to take good legal advice but often this can be disproportionate to the sums in question (public funding (“legal aid”) is not available and individuals must therefore pay privately).

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

 

Boise Criminal Lawyers - What Happens When You Are Charged With a Crime in Idaho?

What Happens When You Are Charged With a Crime in Idaho?

As a Boise Criminal Lawyer I regularly get anxious calls from individuals who have been charged with a crime in Idaho.  Not only are they looking for a criminal defense attorney, but in general they are very concerned about what is going to happen next.  What happens next depends upon a couple of factors such as if the crime was a felony or a misdemeanor and if you were released on bond or if you are being held in jail.

Bond Hearing or How Bond is Set and How Do I Know When to Show Up in Court?

If you are arrested and released on bond, the court will send you a summons.  This summons will tell you where and when you need to show up.  If you were not released from jail you will be held at least until your arraignment.  After your arraignment you can request a bond hearing.  At the bond hearing the judge will look at several factors to determine if you qualify for bond and what dollar amount the bond should be.  The judge will look at your employment situation, family relationships, ties to the community, the nature of your crime and if you have committed a crime before.  Sometimes you will be released on your own recognizance, meaning you have sufficient credibility to be trusted to come back and the crime was not extremely serious.  If you are charged with a crime that is punishable by death, you will not qualify for bond.

Arraignment

An arraignment is a formal charging of a felony charge.  You will go before the court and the judge will read the charges against you.  This is not your time for trial.  The judge will determine if you are eligible for a public defender, a criminal lawyer provided by the state.  The judge will also ask you to make an initial plea of guilty or not guilty.  You should never make a plea without the advice of a criminal lawyer because it is very important that you are fully informed before you say you are guilty.  Because criminal law is based upon your Constitutional Rights, you may not be found guilty of a crime, even if you committed it, if your rights are violated.

What’s Next?

This depends upon the nature of the crime.  If you were charged with a misdemeanor, you received a summons with a court date.  If you hire a criminal attorney, he or she will usually file a plea of not guilty.  This doesn’t ultimately mean that you won’t accept a plea arrangement, but this gives your criminal attorney time to see what evidence that state has against you and to determine if your constitutional rights were violated.  The court will set a trial date.  If by the time of trial, it is clear that the state has enough evidence to convict you, your attorney can work with the prosecuting attorney for a plea agreement.   At the trial date, you will change your plea of not guilty and submit the plea agreement to the judge for approval.  If the state does not have enough evidence to convict you, your case will go forward to trial.

If you have been charged with a felony, you will have the option of having a preliminary hearing.  Here, in the Magistrate Court, the state’s attorneys have to show that there is a likelihood that you committed the crime.  If they are able to show this you will be “bound” over to the District Court.   Once you reach this stage you and your attorney will either prepare for trial or your criminal lawyer will work with the prosecuting attorney for a plea agreement.

Important Considerations

In all criminal law matters in Idaho, there are important deadlines and time frames.  It is important to have an experienced Idaho Criminal Lawyer who knows what these are and how to deal with them.  The last thing you want to do when you are charged with a crime is unknowingly waive your rights because you missed a deadline or a time frame.

Faultless divorce ?

A leading family law judge, Sir Nicholas Wall has said that he can "see no good arguments against no fault divorce".

Under current law the only ground for divorce is to demonstrate that the marriage has irretrievably broken down by relying upon one of five facts. Two of the facts are fault based being either unreasonable behaviour or adultery and the remaining three facts require a period of separation of at least two years. This means that unless the parties are prepared to wait for a period of two years following separation one spouse has to rely upon the behaviour or adultery of the other  to get a divorce .

Sir Nicholas has said that the current legislation had "its roots in history" when divorce was a "matter of social status". He has suggested that this is no longer the case.

It remains to be seen whether the law will be changed and whether "no fault divorce" will have any impact upon divorcing couples reaching financial settlements.

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

Divorce, Marriage, and the Presidents Part 1

Very often my varied interests and activities overlap. This time the overlap was divorce and the Presidents.   I recently was thinking how Newt Gingrich’s divorces did not prevent him from running, the issue made over Adlai Stevenson’s divorce, that Reagan’s divorce put the issue to rest.  It got me thinking of doing a DTV show on Divorce Marriage and the Presidents.  I thought if I was doing the research for that I might as well do a blog too.  I thought of possible guests – Doris Kearns Goodwin was  a little of reach for me, Jim Nintzel and Andrea Kelly from Arizona Media were too busy and Jeff Spiers of American Political Biography and a source for many of my Presidential biographies did not want to be a guest let alone use Skype.  Then I realized I was a good guest and asked Vicki Evans, my friend at Access Tucson to interview me.  It turns out the Vicki is very knowledgeable about Presidents and it should be a great show.  If I was doing a Divorce TV show, I should also do a blog and so here I am blogging.   It has been very interesting researching the topic.  I realized it would be too long for one blog so this will me multiple blogs focus on one or more Presidents.  This is as much the story of the First Ladies as the President.  The wife’s role has evolved as the role of women in society has changes.   Attitude toward divorce has changed.  Many couples including Presidents stayed in unhappy marriages. Many Presidents were widowers and remarried.  The stigma of a divorced candidate changed with Ronald Reagan as a Catholic candidate changed with Kennedy.       It really has not been a significant issue with Newt Gingrich but he has other problems.  I had forgotten until I started my research that Presidential candidates Bob Dole and John Kerry were divorced.  Another question which creeps in is the sexual orientation of Presidents.  This was the case with Lincoln and with the first President I will discuss – James Buchanan.

Buchanan was the only President who remained a bachelor his entire term.  Grover Cleveland was a bachelor when elected but married in office.   Buchanan was our 15^th President and served before Lincoln.  As a quick aside Buchanan was also alleged to have eyes of different colors.  I turned to Philip Shriver Klein’s definitive biography of Buchanan.  It turns out that attorney Buchanan was actually engaged to Ann Coleman, the daughter of a very wealthy Father who was one of America’s first millionaires.  Buchanan was more concerned with business than Ann and she was afraid he was only marrying her for her money.  Buchanan was away on business and when he returned he visited Mrs. William Jenkins and her pretty and charming sister, Miss Grace Hubley.  Ann was indignant that Buchanan should visit anyone and especially a women before seeing her and released Buchanan from the engagement. Ann went to Philadelphia where she suddenly died.  Buchanan was looked upon as a murderer.  An article in the May 19, 1901 New York Times elaborates.  It says, “Throughout the rest of his life Buchanan is not known to reveal to anybody the circumstances of this romantic tragedy.  He would only say that it had changed his hopes and plans, and had led him more deeply than ever into politics as a distraction from his grief.”  Being a bachelor did not hurt Buchanan from getting elected but he was helped more by being Ambassador to England and was not caught up in the crossfire of sectional politics that dominated the country.  He was also the last of the so called “doughface” Presidents who in the years leading up to the Civil War were Northerners who favored the Southern position in political disputes.  No unmarried candidate has run since Stevenson.  I am not sure if it would make a difference.  Time will tell.              

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 (249) 3/25/12

What I have learnt from the passing of my aunt…

My aunt Estelle died three weeks ago. It really shook me up and what was incredible was the sermon which the priest gave at her funeral. I want to share elements of it as I think it is so empowering in the context of mourning anyone who has past away as well as give us things to think about in the healing from divorce or breaking up. I learnt a great deal in the context of divorce about how important it is to grieve and feel your emotions.

After her death, I subsequently made a list of everything I want to do before I die and as I cover on Day 19 of the naked divorce – it’s important to take a step back from life from time to time and revisit your dreams and the things that really matter.

I have edited out bits of the ceremony – these are the parts that I wish to share with you.

Remember Her – a sermon by Kerryn Barton from St John’s ministry in South Africa

To the living, SHE is gone.
To the sorrowful, SHE will never return.
To the angry, SHE was cheated.
But to the joyful, SHE is at peace
And to the faithful, SHE has never left.
SHE cannot be seen, but SHE can be heard.
So as you stand upon a shore, gazing at a beautiful sea – remember her.
As you look in awe at a mighty mountain and its grand majesty – remember her.
As you look upon a flower and admire its simplicity and its
delicate perfume – remember her.
As you hear melodic harmonies in the music she loved – remember her.

Remember her in your heart, your thoughts, and your memories of the times you loved, the times you cried, the times you fought, the times you laughed.
For if you always think of her, SHE will have never gone.

Grief can isolate us …. even here among family and friends. We all grieve differently…
Grief can silence us … when the pain is beyond the words we can use … when it silences us from song
Grief can bring anger … sometimes passionate and overwhelming for the future that we have lost.
Grief stretches us to our limits … and from this awful experience, we learn a profound appreciation for the love and compassion that can be freely shared and unselfishly given.


It’s hard to get your mind around death (or divorce) – because of the sense of loss one feels, and you may ask, why celebrate at the loss of a loved one, a friend. Well, while we acknowledge that sense of loss, we must also acknowledge the fact that She, in so many ways that perhaps you have not even realized, has touched your life, taught you something, shown you something, enriched your life – and for that we should celebrate what she has given to all of us.

We don’t realize that every time we connect with a person, even if it is a fleeting moment of meeting only once, we touch each other’s lives and somehow we are enriched by that connection – however insignificant it may seem – but that short-lived
relationship between/connection to our individual lives does make a difference – the thing is that we don’t realize what that person has given us and what we have given them until we reflect on it. Whenever we connect with someone – they and we cause
ripples in each other lives.

And the reality is – WE NEED TO GRIEVE – Talking about her will help. Having a good cry – taking time to reflect and chatting to people about our feelings is good.

There is one truth that gives us hope even in our deepest grief. Love never dies.
That’s true. You might not physically be able to touch and speak to her any longer but the love you have for her and the love she has for you is still there. It’s alive in your heart. Everytime you hear beautiful music you will find a smile breaking on your
face as your heart warms.
You will find you’re thinking of her.

You can shed tears that she is gone
or you can smile because she has lived
You can close your eyes and pray that she’ll come back
Or you can open your eyes and see all she’s left.
Your heart can be empty because you can’t see her
Or you can be full of the love you shared
You can turn your back on tomorrow and live yesterday
Or you can be happy for tomorrow because of yesterday
You can remember her and only that she’s gone
Or you can cherish her memory and let it live on.
You can cry and close your mind,
be empty and turn your back
Or you can do what she’d want:
Smile, open your eyes, love and go on.


Powerful stuff hey?


Sending you lots of love

Boise Attorneys, Idaho Lawyers - Business Law and Copyright

Business Law and Copyright
As a Boise Business Attorney, I often hear from creative people who have written a book, published a website or who paint pictures for a living and want to use these in conjunction with their business.  They have questions and concerns involving copyright issues.  Also, as a Boise Business Lawyer, I hear from people who are seeking to create an internet business and they their website might contain the work of other people and they want to know if they will be infringing upon copyright law.

What is a Copyright and How Does it Effect You?
Any creative work you make, such as a book, a website or a painting automatically has a copyright, even if you don't publish the work.  Your work will be protected for a specific duration of time and only you will have the rights to the work, unless you chose to share the rights with others.  However, simply having a copyright does not necessarily protect you from copyright infringement.  You can only sue a copyright infringer in a court of law and receive statutory damages if the work has been officially registered.  Say that I, as a Boise Divorce Attorney, wish to write a book on divorce in Idaho.  If I use my creative talents to produce that work but I don't take the step to register my book with the copyright office, I will not be able to sue another person or business for using my unique perspective on divorce.  While I do have other recourse against the party who infringes against me if I haven't registered my work, the recourse packs a whole lot less of a punch.



Internet Copyright Issues
Because the internet is relatively new, there is very little case law governing internet copyright infringement.  However, Title 17 of the United States Code still applies to the creation of a website.  The important thing about copyright law and the internet is to remember that you cannot take someone else's work and put it, whole cloth, on your website.  Using a practical example, let's consider my DUI website.  That website was created by me, a Boise Criminal Lawyer.  The thoughts, considerations and offers for help are my own creative work.  What if someone took the contents of my website and put it on their own website?  Suddenly my work is not unique.  Copyrights were created to protect creative work and to prevent others from using a creative work and saying it was their own.  You can look at it as a law against plagiarism.

Let's take another example of an "innocent" infringer.  Let's go back to my example of me writing a book on divorce and incorporating that into one of my Boise Divorce Attorney websites.  Say that Joe Q. Public has gone through a particularly painful divorce and custody battle and wants to create a self-help support website.  Say that he reads my book that I have transformed into my website and wants to incorporate the information in it to his website.  I refer to him as "innocent" because he isn't stealing my creative work to make a profit off of it, he just finds it really good and wants to share it with others.  He must first gain my permission to use the information because it is protected by copyright law.

There are some exceptions to using other people's work which fall under the Fair Use Doctrine.  While the doctrine does not enumerate what exactly fair use is, it does give some general statements such as it is ok to use a portion of another person's work for educational purposes, or to use a small part of a work to comment upon or to critique in a scholarly fashion.  It also looks at the intent of the person seeking to use it.

How Can You Use a Copyrighted Work?
The best way to use a copyrighted work is to get the permission of the author or creator or their heirs.  If the work is not part of the public domain, you will not have to worry if your use constitutes fair use if you have permission.
  

Cohabitation Agreements: How Romantic!

Recently, we have experienced an influx of enquiries from female clients wanting advice about not only pre-nuptial agreements but also cohabitation agreements.

According to the Daily Mail, there is evidence that more women than ever are becoming independently wealthy. Women aged between 22 and 29 are earning more on average per hour than men of the same age. As a result there is a generation of women who are potentially going to have more to lose financially as a result of a relationship ending. Not surprisingly these women want to know exactly what could happen to their finances if their relationship ends.

There is a common misconception that after a couple have lived together for say 6 months they automatically acquire rights against each other. This is not the case. If you cohabit with someone and the relationship ends  the only legal claims you are able to make currently are against the family home or for child support.

Cohabitation agreements are therefore a way that an couples are able to decide what should happen if their relationship ends. The agreement can incorporate whatever the couple wishes to stipulate from how the equity in the house is to be divided to who gets the pet. We strongly recommend that legal advice is obtained in relation to any agreement to avoid difficulties in future.

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

Boise Criminal Defense Attorneys - DUI Lawyers - Minor in Possession

Minor in Possession (MIP)
As the parent of teenaged children and by my very nature of being a Boise Criminal Defense Attorney, I get numerous phone calls from both terrified teens and distraught parents about the consequences of a MIP.  How serious is a charge and what are the penalties for a minor in possession?

Penalty for Minor in Possession of Alcohol
A MIP is a misdemeanor.  Anyone under the age of 21, at the time of the charge, who is in possession of any alcohol including beer, wine or hard liquor will be charges for illegal possession.  The first offense carries a fine up to $1,000.  A second time offense carries a fine of up to $2,000 and/or up to 30 days in jail.  A third offense will result in a fine of up to $3,000 and/or up to 60 days in jail. 

Now, if these fines and potential jail time are not bad enough, you will also face a suspended driver's license.  The first time you are charged with a MIP you will lose your license for up to one year.  Any conviction after that will carry a 2 year license suspension. 

Unlike a DUI charge where there is mandatory minimum absolute suspension, with a minor in possession charge, you can apply for a restricted license immediately.  To be granted this you must show by a preponderance of the evidence that it is absolutely necessary for you to drive.  An example of this would be a restricted license to drive to work or school if there were no bus available or a parent who could take you to and from work and school.

If you plead guilty or are convicted of a minor in possession you also may be subject to undergoing an alcohol evaluation and, if necessary, alcohol abuse treatment.

Effect of MIP on Automobile Insurance
Will my car insurance go up?  This is the second most common question I get as a Criminal Defense Lawyer from those charged with a minor in possession.  The Idaho Code has a specific provision in the statute governing MIP that states that a conviction of a minor in possession of alcohol shall not be used or considered in any fashion for purposes of car insurance.

If you have been charged for possession of alcohol and need to speak to one of our criminal lawyers, give us a call, (208) 472-2383 and see what we can do for you.

Pre-nups cause confusion down-under

Family Law Solicitors in Australia are struggling to advise couples with confidence on the status of pre nuptial agreements. Indeed it is reported that some divorce solicitors are refusing to act in cases involving these agreements.

The problem has been highlighted by the case of the multi-millionaire businessman who is trying to challenge the payment to his wife, an ex-strip club dancer, under their divorce settlement.

In England pre-nuptial agreements will be upheld by the court when a couple divorce unless it would not be fair to hold them to the terms. The agreement must, however, be properly drawn up so it is crucial that a couple take divorce advice from specialist family law solicitors in good time before they marry to ensure the best prospect of it being worth the paper it is written on.

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

Boise Criminal Lawyers - Criminal Defense - DUI Considerations

Criminal Defense of a DUI
Most people know that if you drive a vehicle with a blood alcohol content of .08% or greater you can be charged with a DUI.  There are, however, other circumstances where a lower BAC will land you with a DUI.  Criminal Lawyers are called upon regularly to defend driving under the influence charges in many different circumstances.

Minor DUI
If a minor has been drinking alcohol and drives a car, they can be charged with a DUI even if they don't have a BAC of .08%.  The Idaho Code makes it a crime for a minor to drive with as little as a .02% BAC.  What would not be considered a BAC high enough to charge an adult with a DUI, 0.2%-.0799%, would constitute sufficient alcohol in the system to charge a minor with driving under the influence.

In addition to the differences in the amount of alcohol required in the blood to be charged with drinking and driving, the underage DUI carries different penalties than that of an adult.

Commercial Vehicle DUI
Another exception to Idaho DUI law is for drivers of commercial vehicles.  If you are operating a commercial vehicle under the influence of alcohol, you can be charged with a DUI if your blood alcohol concentration is .04% or greater. 

As part of any DUI conviction, there is a required mandatory absolute suspension of your driver's license.  If you are convicted of a commercial DUI, both your CDL and Class D driver's licenses are suspended and visa versa.

BAC Under .08% and Drugs in Your System
If you have a BAC of under 08% it is  still possible to be convicted of a DUI.  If you have drugs and alcohol in your system, upon the prosecuting attorney showing with competent evidence that you also had drugs in your system, you can be charged with a DUI.  These can be illegal drugs, such as marijuana, meth or cocaine or it can be over the counter or prescription drugs.  If the drugs impair you enough that the state's attorneys are able to show that the combination of drugs and alcohol made you unfit to drive, you can be charged with a DUI.  An example of evidence that might be used would be a field sobriety test.  If you fail the field test, but your Breathalyzer result is under a .08% it may created a reasonable suspicion in the mind of the police officer that something else, such as drugs, is going on.  They can then require a blood draw to detect the presence of drugs.  This is particularly damning for an individual because the results of a drug blood test registers "yes" or "no".  There is no "acceptable" level.  You may have smoked marijuana 1 week before your traffic stop and even though you would obviously not be impaired by the pot at that point in time you could be charged with a DUI.  This is one of those critical situations where you need to have criminal defense attorneys who know how to get you out of this fix.

Drugs in Your System
The Idaho Code defines a DUI as having a BAC of .08% or greater OR the presence of drugs in your system or a combination of both.  As a Boise Criminal Lawyer I often get calls from irate people who have been charged with a DUI when they haven't had one sip of alcohol.  Idaho used to refer to a DUI as a DWI (driving while intoxicated).  That term was changed because it seemed to indicate that you would have to be intoxicated to be charged with that crime.  The crime didn't change, but the denotation did.

If you have been charged with a DUI or other crime in Idaho and need an experienced and aggressive Boise Criminal Lawyer, give us a call, (208) 472-2383, and see what we can do for you.

If Divorce Was a Martial Art What Would It Be?

There are 100’s if not 1000’s of types of martial arts. Divorce is often seen as combat.  After recently reading about martial arts, I wondered if different  divorce processes were  martial arts, what would they be?   I will only discuss the martial arts that are most popular in American  culture – judo, jutizu, tae kawando, karate, and kung fu.  I don’t totally rely on Wikepedia but it is often a good place to start and to get a summary.  Wikepedia  says: 

JUDO (meaning "gentle way") is a modernmartial art, combat sportand Olympic sport created in Japan in 1882. Its most prominent feature is its competitive element, where the object is to either throwor takedown one's opponent to the ground, immobilize or otherwise subdue one's opponent with a grappling maneuver, or force an opponent to submit by joint lockingor by executing a strangle hold or choke.

KARATE  is a martial artdeveloped in Okinawa, Japan. It was developed partially from indigenous fighting methods called te (literally "hand") and from Chinese kenpō. Karate is a striking art using punching, kicking, knee and elbow strikes, and open-handed techniques such as knife-hands. Grappling, locks, restraints, throws, and vital point strikes are taught in some styles.

JUJUTSU is a Japanese martial art and a method of close combat for defeating an armed and armored opponent in which one uses no weapon, or only a short weapon.  In some countries the word jujutsu is spelt in English as jujitsu, ju-jitsu, or Japanese jiu-jitsu. "Jū" can be translated to mean "gentle, supple, flexible, pliable, or yielding." "Jutsu" can be translated to mean "art" or "technique" and represents manipulating the opponent's force against himself rather than confronting it with one's own force.  Jujutsu developed among the samurai of feudal Japan as a method for defeating an armed and armored opponent in which one uses no weapon, or only a short weapon.  Because striking against an armored opponent proved ineffective, practitioners learned that the most efficient methods for neutralizing an enemy took the form of pins, joint locks, and throws. These techniques were developed around the principle of using an attacker's energy against him, rather than directly opposing it.

TAEKWONDO  is a Korean martial art. In Korean, tae  means "to strike or break with foot"; kwon  means "to strike or break with fist"; and do  means "way", "method", or "path". Thus, taekwondo may be loosely translated as "the way of the hand and the foot." It combines combattechniques, self-defense, sport, exercise, and in some cases meditation and philosophy. The art in general emphasizes kicks thrown from a mobile stance, employing the leg's greater reach and power (compared to the arm). Taekwondo training generally includes a system of blocks, kicks, punches, and open-handed strikes and may also include various take-downs or sweeps, throws, and joint locks. Some taekwondo instructors also incorporate the use of pressure points, known as jiapsul, as well as grabbing self-defense techniques borrowed from other martial arts, such as hapkido and judo.

KUNG FU, gongfu, or gung fu  is a Chineseterm referring to any study, learning, or practice that requires patience, energy, and time to complete, often used in the West to refer to Chinese martial arts. In its original meaning, kung fu can refer to any skill achieved through hard work and practice, not necessarily martial. Originally, to practice kung fu did not just mean to practice Chinese martial arts. Instead, it referred to the process of one's training - the strengthening of the body and the mind, the learning and the perfection of one's skills - rather than to what was being trained. It refers to excellence achieved through long practice in any endeavor.  In the colloquial, you can say that a person's kung fu is good in cooking, or that someone has kung fu in calligraphy; saying that a person possesses kung fu in an area implies skill in that area, which they have worked hard to develop. Someone with "bad kung fu" simply has not put enough time and effort into training, or seems to lack the motivation to do so.

Let me try to summarize the philosophy of each.

JUDO (meaning "gentle way") is a modernmartial art, combat sportand Olympic sport created in Japan in 1882. Its most prominent feature is its competitive element, where the object is to either throwor takedown one's opponent to the ground, immobilize or otherwise subdue one's opponent with a grappling maneuver, or force an opponent to submit by joint lockingor by executing a strangle hold or choke.

KARATE  is a martial artdeveloped in Okinawa, Japan. It was developed partially from indigenous fighting methods called te (literally "hand") and from Chinese kenpō. Karate is a striking art using punching, kicking, knee and elbow strikes, and open-handed techniques such as knife-hands. Grappling, locks, restraints, throws, and vital point strikes are taught in some styles.

JUJUTSU is a Japanese martial art and a method of close combat for defeating an armed and armored opponent in which one uses no weapon, or only a short weapon.  These techniques were developed around the principle of using an attacker's energy against him, rather than directly opposing it.

TAEKWONDO  is a Korean martial art and the national sport of South Korea. In Korean, tae  means "to strike or break with foot"; kwon  means "to strike or break with fist"; and do  means "way", "method", or "path". Thus, taekwondo may be loosely translated as "the way of the hand and the foot." It combines combattechniques, self-defense, sport, exercise, and in some cases meditation and philosophy.

KUNG FU, gongfu, or gung fu  is a Chineseterm referring to any study, learning, or practice that requires patience, energy, and time to complete, often used in the West to refer to Chinese martial arts. In its original meaning, kung fu can refer to any skill achieved through hard work and practice, not necessarily martial. In Chinese, Gōngfu is a compound of two words, combining (gōng) meaning "work", "achievement", or "merit", and  which translates into "man", so that a literal rendering would be "achievement of man". Its connotation is that of an accomplishment arrived at by great effort of time and energy. In Mandarin, when two "first tone" words such as gōng and fū are combined, the second word often takes a neutral tone, in this case forming gōngfu. Originally, to practice kung fu did not just mean to practice Chinese martial arts. Instead, it referred to the process of one's training - the strengthening of the body and the mind, the learning and the perfection of one's skills - rather than to what was being trained. It refers to excellence achieved through long practice in any endeavor.  This meaning can be traced to classical writings and specially to Neo-Confucianismwhich emphasize the importance of effort in education.

Now back to my original question. If Divorce Was a Martial Art What Would It Be? It may be more of a range than a specific divorce process.

  JUDO is the  "gentle way" but is competitive element, where the object is to either throwor takedown one's opponent to the ground, immobilize or otherwise subdue one's opponent with a grappling maneuver, or force an opponent to submit by joint lockingor by executing a strangle hold or choke.  This is clearly an adversary process but perhaps with more subtle force?

KARATE to me is not gentle and my vision is always of someone breaking something.  Not unlike a spouse throwing a lamp at the other spouse. Definitely very adversary.

JUJUTSU developed around the principle of using an attacker's energy against him, rather than directly opposing it. It is the martial art that made me start thinking about divorce.  Perhaps mediation.

TAEKWONDO combines combat techniques, self-defense, sport, exercise, and in some cases meditation and philosophy. Meditation and mediation are always confused in the Yellow Pages. 

KUNG FU refers to any study, learning, or practice that requires patience, energy, and time to complete. In its original meaning, kung fu can refer to any skill achieved through hard work and practice, not necessarily martial. Its connotation is that of an accomplishment arrived at by great effort of time and energy. Originally, to practice kung fu did not just mean to practice Chinese martial arts. Instead, it referred to the process of one's training - the strengthening of the body and the mind, the learning and the perfection of one's skills - rather than to what was being trained. It refers to excellence achieved through long practice in any endeavor.  Once again, I think mediation comes the closest.

It would appear if divorce was a martial art it would be mediation. 

This was not the conclusion I expected but the emphasis on meditation, philosophy, and self awareness makes it more akin to mediation.  Perhaps the Zen of Mediation where Zen (once again per Wikepedia) emphasizes the personal expression of experiential wisdom in the attainment of enlightenment and de-emphasizes adherence to standardized theoretical knowledge in favor of direct self-realization through meditation.

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