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Kevin J. Waite often gets calls from divorced parents asking at what age their children can decide at which parent’s home they can reside. A facetious answer is “at age 18.” And also if the child can refuse to go to the other parent’s home for court ordered visitation.

If, after your divorce is finalized, your ex decides not to comply with the order – What can you do?

Hunting season is approaching, with the general deer and elk rifle hunt starting around October 10. In Idaho, you need a tag and a valid hunting license to hunt deer legally, likely requiring your rifle.

When two people begin a relationship, communication is simple, enjoyable, and exciting. After a divorce, however, words can become a tool for expressing frustration, negativity, or criticism, often in a hurtful way.

Being divorced with minor children in school and having your spouse now living in another state can seem like a ticket to a parenting disaster but with the help of modern technology, affordable transit, and some work, it can be done.

You are now divorced, the papers are final, and the kids now have two homes. If they are school age, they will probably be attending the same school as before the divorce but now the homework will need to be done at separate homes on separate nights.

The terms “mediation” and “arbitration” are frequently confused. They both come under the broader term, “alternative dispute resolution,” but they are different alternatives (to court, that is). Mediation is far more common than arbitration in family law cases.

Being divorced with children can have a lot of calendar issues, because there is only one birthday for each child, and yet there are two parents. Christmas only comes once a year no matter what Elmo wanted, and so does Halloween.

The easy part is usually whether the conduct in question comes within the definition of “domestic violence.”

What is one’s recourse when the other side refuses to sell or split real estate or “belongings”…

There are several things that are worse than being sued in a distant state – a cancer diagnosis and one’s home disappearing into a sinkhole are just two that come to mind – but the list cannot be very long.

Many types of cases spawn “satellite litigation.” A substantial minority of divorce and child custody cases generate civil domestic violence protection order cases and even criminal charges for (domestic) assault or battery.

Not having a custody order creates the potential for chaos. Occasionally, a single parent will go years without filing a custody case, relying on the other parent’s cooperation or absence.

When the other side violates an order, and you are out of money from the attorney fees from the initial court proceedings, the frustration can mount over what to do.

Can your Ex move out of state with your kids? The simple answer to this question in the state of Idaho is Maybe. Appendix A, which is supposed to be attached to every divorce decree states that a parent cannot move beyond a 2 hour drive from the previously established home, without the other parent’s written consent or a court order.

There are several types of easements. Two of the most common are express easements and prescriptive easements.

Mediation in the legal system consists of an independent mediator (preferably a lawyer) meeting with both sides of a contested case. The mediator works back and forth with both sides going over the issues in question trying to find a resolution to which both sides can agree.

If you are entering a marriage with significant personal assets the best protection is a prenuptial agreement. Some courts are hostile to prenuptial agreements – they can seem unfair years later if there is a divorce – so it is important to follow the statutory requirements.

It is to the client’s advantage to maximize the benefits of the initial consultation. If the client comes prepared he or she can leave with a good idea as to how complex the case is and an approximation of the likely duration of the case.

Managing life with children without conflict after the parents separate – before, during or after court proceedings can be difficult. Some parenting plans do little more than deal with the basics. For some people that works. For others the more detail and the more that is specified, the better.

‘Tis the season for DUI’s too. Holiday parties, televised bowl games, and other events provide more occasions than do other times of the year for drinking too much and then driving. Unfortunately, the Christmas spirit does not provide any leniency when a DUI occurs at this time of the year.

When there are children born to a couple that have dissolved their marriage or relationship a custody order is imperative to maintain a working relationship between the now separate parties and their children.

“Maintenance” is the Idaho term for alimony. Spousal support is another term that is sometimes used in place of maintenance or alimony. Idaho courts have statutory authority to order maintenance in a divorce, whether as part of a final judgment or a temporary order.

Child support in Idaho cases is generally determined in accordance with the Idaho Child Support Guidelines. The conventional perception is that this is a matter of number-crunching.

“Thank You For Your Service.”

Many clients find texting an easier route (compared to phone contact) in communicating with the other side in a divorce or child custody case.

What can you do when you a Default Judgment is obtained against you? The quick answer is you file a motion to vacate the default.

Interrogatories are questions that are served by one party to the other to obtain information. Often they are highly personal and pry into the personal life of the other party.

Most people have a good general idea of what a trial involves. There are various other hearings before trial in divorce cases (as there are in most cases), however, and many people have little or no idea what to expect at them.

After a Complaint or a Petition is filed, it must be served upon the opposing party (Respondent). The client is asked to provide the residential and workplace addresses and other personal information about the other side.