- DivorceIn any divorce and family law matter, there is no single solution that will work for everyone. In discussing your situation, I will listen carefully to the details leading to your decision, your hopes for your future, and that of your children. We will discuss the options you have, and what it will take to obtain results for you. As an experienced family law attorney, I can utilize legal tools ranging from mediation to negotiation to litigation as your case requires. Then we will decide on a legal strategy designed for your particular situation.
- Child SupportDefendant was arrested in Kootenai County on an arrest warrant from the Commonwealth of Virginia arising out of child support proceedings there. The State of Idaho issued its own warrant based on the Virginia warrant, as well as a Fugitive Information, seeking the Defendant's extradition to Virginia. Briefing and hearing on basis for the warrant under Virginia law and the propriety of the Idaho procedures used resulted in the dismissal of the Idaho Fugitive Information and the Defendant's release from the Kootenai County Jail.
- Child Custody and VisitationDivorce, child custody, and other family law matters are frequently the most serious crises that arise in a person's life.
- Adoption
- Premarital AgreementMany people are hesitant about the idea of prenuptial agreements. They believe it is a "jinx" on the marriage or that it assumes the parties will ultimately divorce. While the issue can be an awkward one for some people, a good prenuptial agreement can be a useful tool for both parties to a prospective marriage. Prenuptial agreements provide a formal record for what each party had coming into the marriage, making a situation a lot easier to sort out if it becomes necessary later on. However, just because you have a back-up plan does not mean it has to be used.
- GuardianshipGuardianship disputes can involve intense emotions on the part of the adult parties as well as the children involved. My goal in any guardianship matter is to ascertain what is in the best interest of the child. I assist you by safeguarding your legal rights and making the smoothest transition possible.
- Spousal SupportIdaho Code Sections 32-921 to 32-929 governs the validity of prenuptial agreements and how they must be written. Prenuptial agreements can determine things like how property division is to be handled in the event of a divorce, modification or elimination of alimony and the choice of law.
- Legal SeparationA frequent question is, whether (for the questioner) a legal separation would be a better option than a divorce. That question presupposes another question, namely, what is the difference between a legal separation and a divorce? We will deal with the second question first. A legal separation can and frequently does cover all the same issues as a divorce, except of course for the divorce itself. It is typically called a "Judgment of Legal Separation" rather than "Judgment Of Divorce." It may have a provision for the conversion of the legal separation to a divorce. A legal separation is usually a holding pattern; legal separations usually either convert to a divorce or are eventually dismissed, for example because the parties have reconciled. Usually, the disadvantage of a legal separation is that it does not terminate the legal financial relationship between the parties. Meaning that they remain married and therefore remain subject to the community property laws (at least in Idaho). While their Judgment of Legal Separation may work to regulate financial responsibilities between the parties, it does not diminish the rights of their creditors (to go after A for a debt incurred by B even after the separation, if B ( Read More... )
- AnnulmentBelieve it or not, this question, in more or less the form presented here, is asked fairly frequently. The answer is “No” in the sense that an extremely brief passage of time since the marriage ceremony is irrelevant to whether one can obtain an annulment. The requirements for an annulment are very narrow and precise, for example, the other party is still married to someone else, or the party requesting the annulment was not competent to enter into the marriage. Annulments are rare. However, the person who experiences this kind of morning after the marriage ceremony remorse can file for divorce.
- Child AbuseUnfortunately, some family disputes can turn into domestic violence. A person who alleges spousal abuse, spousal assault or even child abuse can seek a civil protection order. If granted, a temporary protection order is issued for 14 days until a hearing is held. At that hearing, a judge will determine whether to extend the protection order for another 90 days.
- Criminal DefenseIf a civil protection order is issued, and a person violates this order, he or she can be criminally charged. I also provide criminal defense representation for those facing criminal domestic violence charges.
- DUI/DWIAn arrest for DUI/DWI can seriously affect your life, your lifestyle and your career. A first-time conviction can result in a large fine, the loss of your driver's license and even a jail sentence. Penalties for a second, third or fourth-time offense are more severe.
- Wrongful Death
- Sex Crimes
- Robbery
- Burglary
- Theft
- MisdemeanorsBoth assault and battery can be either a misdemeanor or a felony, depending upon the circumstances, especially upon the extent or seriousness of the harm that is caused or that reasonably could have been caused.
- Embezzlement
- Drug CrimesCharge of possession of marijuana. Case dismissed following granting of motion to suppress all evidence obtained against Defendant on illegal search and seizure.
- AssaultDuring the past several years, the law has focused special attention on assaults and batteries that occur between family members or household members. Charges are usually labeled as "domestic battery" or "domestic assault." Upon a conviction of a form of "domestic violence" the penalties are typically enhanced over what they would have been for the simple, "non-domestic" variety of the offense, even upon a first offense. Worse, the penalties increase exponentially upon a second offense, third offense, etc., along the lines first developed for successive DUI offenses.
- Arson
- Restraining OrderA civil protection order (sometimes called a restraining order) is usually done very quickly. Once an initial application is filed, a 14-day protection order can be issued by a judge within one day. Due to this quick scheduling, there is very little time to develop a case. That is why it is crucial a person obtain an attorney as soon as possible in the process, whether he or she is a victim or alleged perpetrator. In some cases, an order can be delayed in order to allow for more preparation time.
- Business DisputesContract disputes, insurance companies that deny valid claims, and boundary disputes with neighbors are all examples of civil disputes that regularly occur in Coeur d'Alene. When you are involved in a dispute of any kind, your financial future as well as your peace of mind may depend on the outcome.
- Real Estate LitigationBoundary disputes between neighbors can be emotionally charged experiences. A great deal of my time is spent working with people to resolve a boundary dispute.
- Construction Litigation
- Easement
- Personal Injury
- Estate PlanningAs we progress in our lives, our estate planning needs can change as we raise families and acquire and dispose of assets. In addition, estate taxation and probate laws can change. I work with clients over time to ensure that their estate plans and wills reflect their current family and financial situation, and take comply with current Idaho and federal law.
- WillsBy establishing a well-thought out will and estate plan, you can minimize or avoid estate taxes and spare your family members the burden of probate problems which could lead to probate litigation. I can provide efficient and orderly probate administration services to ensure that your wishes are fulfilled and your assets are distributed properly.
- TrustsThere can be additional advantages of such trusts, beyond probate avoidance. For example, if the settler is successful in avoiding probate, the size and distribution of the estate can be kept confidential, unlike probate proceedings which are matters of public record. Also, the assets of a living trust can typically be distributed to beneficiaries sooner than is possible in the probate of an estate. Living trusts also can be an excellent way of keeping records and managing property. Another argument for living trusts is that confidentiality of trust provisions and avoidance of court procedures tend to reduce the likelihood of the equivalent of a will contest.
- Power of Attorney
- Probate
- Tax Law