Filing for divorce is a serious decision and should be carefully considered.. Once you’ve decided you are ready to proceed, there are certain steps that you must take in order to complete a divorce.

First, you must file paperwork indicating you are petitioning for a divorce. This is a legal matter that must be presented to the courts because divorce is a public civil action. You must also formally inform the other party by “serving” them divorce papers so that the court has proof you’ve informed the other party. The other side then has 20 days in which to contest your divorce petition.

During the divorce process, you will need to work out the details of splitting property and child custody rights (if children are involved). This can be an arduous process and you want to make sure you have a skilled divorce attorney on your side so that you are fairly represented.

There are many factors during the divorce process that can affect how long the proceedings will take and what steps are needed to finalize the divorce. Factors such as spousal or child abuse, prenuptial agreements, and the decision by one party to contest the divorce can determine if and how many court hearings are needed.

Since each case is unique with different challenges, please contact us to discuss the intricacies of your case.

In Idaho, our jails are run by Sheriffs and are designed to hold individuals waiting for trial or serving a sentence.  Inmates sentenced to less than one (1) year can serve their time in jail.

Idaho prisons are run by the Idaho Department of Corrections and are designed to hold individuals already convicted and those generally sentenced to serve more than one (1) year of incarceration.

If you are arrested for a DUI, you should consult with an attorney immediately.  There are criminal penalties that you may face including jail, fines, license suspension or restriction, alcohol evaluation, and implementation of treatment.  Additionally, you may face administrative penalties.

If you fail to appear in Court when ordered to do so, it may lead to serious consequences including the issuance of a bench warrant for your arrest, incarceration, and the denial of bail.  If you reside in Idaho, you can follow your case and track your court dates by visiting:  www.idcourts.us/repository.

If you reside in Ada County and are concerned that you may have a warrant for your arrest, visit the Ada County website at:  www.adasheriff.org.  You can surrender yourself at the Public Safety Building located at 7200 Barrister Street in Boise, Idaho.  However, you may want to contact a bail agent prior to doing so.

The biological parent must be given notice of the termination and adoption proceedings and often times the biological parent is supportive of the termination and adoption as they will no longer be required to pay monthly child support, medical costs, daycare costs, etc.

If the biological parent is supportive of the termination and adoption, the parent must consent to termination of his or her parental rights. If the biological parent signs the Consent before a magistrate judge and the judge approves the termination, the parent’s rights are voluntarily terminated and the step-parent may proceed with an adoption.

If the biological parent refuses to sign the Consent, or it is impossible to locate the biological parent, it is still possible to terminate the biological parent’s rights. It may be necessary to publish notice to the biological parent in a newspaper with general circulation in the area of the parent’s last known address. This gives the parent notice of the proceedings and, if the parent fails to respond, his or her rights may be terminated by the court.

Most Courts in Idaho require that a home study or social investigation be completed when the step-parent petitions to adopt a stepchild. While the step-parent is the main subject of the home study, the entire family is assessed.

1. Child custody and visitation. Unless there is an emergency, do not make major changes to custody or visitation without a written agreement or court order. However, at the same time, be flexible if your former spouse asks to swap weekends. You do not need a written agreement for every deviation from your custody and visitation order. When in doubt, call your attorney.

2. If you experience a change in your employment or income, contact your attorney to run preliminary, estimated child support calculations.  Do not make changes in child support without a written agreement or order.

3. Other financial matters such as daycare costs, education costs, or medical costs, can also be modified by agreement or court order.

4. A custodial parent may seek permission to move out of state with minor children.  However, unless the other parent agrees, the custodial parent must seek the court’s prior approval.  In addition to a change in the parenting plan, the court may also change the child support provision to take into account the cost of the children’s transportation to and from the parties’ homes for visitation.

1. Be fair and flexible.
2. Be timely when picking up and/or dropping off your children.
3. Do not use the children to spy on the other parent.
4. Do not speak negatively about the other parent in front of the child.
5. Timely pay your financial obligations such as child support, daycare costs and health care costs.
6. If the children are in immediate danger, call the police.

1. The wishes of the child’s parent or parents as to his or her custody;

2. The wishes of the child as to his or her custodian;

3. The interaction and interrelationship of the child with his/her parent or parents, and his/her siblings;

4. The child’s adjustment to his or her home, school, and community;

5. The character and circumstances of all individuals involved;

6. The need to promote continuity and stability in the life of the child; and

7. Domestic Violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.

Family Law encompasses many different areas of practice, the most common of which is divorce and divorce-related services. Silva Law Office specializes in Divorce, Child Custody, Child Support, Adoption, Paternity, Domestic Violence, Juvenile Law,  and Visitation including enforcement or modification issues are often a part of any Family Law case, whether hostile or not.

If you need a divorce attorney or have other family law needs, please contact us today.

From the time that you are charged with a misdemeanor offense, you have a constitutional right to legal counsel for every stage of your proceedings. Find out more about misdemeanor criminal defense.

We can provide it.

For an experienced and accomplished criminal defense lawyer in Boise, Idaho, contact Silva Law Office. As a law firm, we are committed to providing aggressive, and effective criminal defense services to clients throughout the greater Treasure Valley.

Talk to an experienced attorney as soon as possible.

We defend clients charged with misdemeanors that include:

• DUI / DWI / Drunk Driving
• Reckless Driving
• Driving on Suspended License
• Speeding
• Evading the Police
• Juvenile Crime
• Shoplifting
• Domestic Battery

Silva Law Office can help small, medium and large businesses when litigation becomes inevitable. As each business is unique, the issues presented in each case can be quite novel and unique. As attorneys, it is our job to become familiar with your company and to devise an appropriate solution to whatever problem is being faced.