David Posey, Attorney at Law, has been handling Divorce, Custody and Family Law matters since 1973. In most uncontested cases David Posey will quote you a flat fee at the time he is retained and he requires payment of the entire flat fee up front. This is done so that he can keep the prices at the lowest level possible - you won't have to make up for the fees of other client who don't pay. The fees will vary depending on the complexity of the case and the location of the court. For contested cases the hourly rate is $150.00 an hour and a retainer payable up front will be required. The amount of the retainer is determined during the first consultation. The first consultation is free.
If you have a divorce, custody or family law problem, call 642-9339 to set an appointment for a free consultation with David Posey, Attorney at Law.
See below for answers to frequently asked questions.
Starting on January 1, 1996, no new common law marriages can be formed in Idaho. But Idaho still recognizes common law marriages that were formed prior to 1996 in Idaho and Idaho must recognize common law marriages formed in other states. A common law marriage is a marriage that has been formed by the consent of the parties without a formal marriage license. The usual requirements for a common law marriage are that (1) You live together as husband and wife (no time period is required) and (2) You tell someone that you are married.
If you want to know if you are married, call 642-9339 to set an appointment for a free consultation with David Posey, Attorney at Law.
Most people who are married don't qualify for an annulment in Idaho. For a marriage to be annulled it must have been illegal at the time of the marriage ceremony. In Idaho a marriage can be annulled if (1) one party was under age 18 and neither one of their parents signed the application for the marriage license, (2) one party was still married to someone else, (3) one party was legally mentally incompetent or (4) the marriage was the result of force or fraud. In Idaho it doesn't matter if the marriage has been consummated or not.
If you want to know if you are eligible for an annulment, call 642-9339 to set an appointment for a free consultation with David Posey, Attorney at Law.
In Idaho there are several terms that describe the child custody arrangement between the mother and the father. These terms include sole custody, joint custody, joint legal custody, physical custody, split custody and shared custody. In Idaho the starting point in any custody case is joint custody but that doesn't mean that the time spent with each parent is necessarily equal. Sole custody means that one parent has the right to control where the child resides, where the child goes to school, what church the child goes to, who the child associates with, etc. Joint legal custody means that both parents should be informed of and discuss major decisions in the child's life such as where the child goes to school, school problems and medical problems. Physical custody means where the child spends most of the overnights. If a child spends more than 25% of the overnights with each parent then you would have shared custody. When there are more than one child and one parent has one or more but not all of the children more than 25% of the overnights then that is what is called split custody. Shared and split custody are significant in that usually the computation of child support then takes into account not only the income of the parties but also the percentage of overnights each child spends with each parent.
If you have questions concerning child custody or child support, call 642-9339 to set an appointment for a free consultation with David Posey, Attorney at Law.
Yes you can do any kind of legal work including divorce and custody cases without an attorney. The better question is whether you should do so. There are forms for sale at forms stores, on the internet and at the courthouse for do-it-yourself divorce cases and you can get a set of free forms just like the ones you can purchase at the courthouse by visiting www.freeidahoforms.com. I don't recommend that you do a do-it-yourself divorce if there is real estate (a home or land) involved, children involved, if either party has retirement rights at their employment or if you have financial problems that may lead to you filing bankruptcy. The issues and potential legal problems in the future are too great to not have the advise of an attorney.
If you are thinking about a do-it-yourself divorce, call 642-9339 to set an appointment for a free consultation with David Posey, Attorney at Law.
When a family breaks up, one of the most important questions is who should have custody of the children. (See the discussion of the types of custody above.) The best situation is, of course, for the parents to reconcile and I encourage parents to seek marriage counseling with a trained and experienced marriage counselor such as Dr Dwight Mowry in Ontario, Oregon. If you cannot reconcile, I recommend that you try to come to an agreement as to child custody and visitation between yourselves. If that doesn't work you should contact a child custody mediator that is approved by the Idaho Supreme Court such as Donna Batt in Fruitland, Idaho. If you come to an agreement you should hire an attorney to make sure that your agreement is incorporated into a custody decree. Only if mediation fails should you consider fighting it out in court. Custody fights are very expensive and all attorneys who are experienced in contested custody cases require a substantial down payment before they will take the case.
If you have a custody problem or have reached an agreement, call 642-9339 to set an appointment for a free consultation with David Posey, Attorney at Law.