Divorce Attorneys

When will my divorce be final?

A divorce is not legitimately finalized until the judge signs all the paperwork in your divorce case. The judge will weigh their decision on the fairness of both parties involved before signing the paperwork. At the very least, in Idaho Falls a divorce will take a minimum of three months, which is the shortest possible waiting period. Provided that it is a clean cut divorce with both parties being in agreement, your divorce should only have a ninety day waiting period.

However, if you and your spouse are unable to work out separating your assets, child custody, vehicles, inheritances, and other community property, the divorce could extend out to six months or more. All things considered, your family law, divorce attorney, will be able to guide you through any details that may come up during your divorce proceedings.

Some Divorce Techniques May Take Longer Than Others

Before attaining the judge’s assessment, the divorcing couples must make a decision on which legal process to aid in their divorce settlement. Several divorcing couples in the Idaho Falls area choose mediation or try to negotiate a settlement with their spouse rather than go straight to court. If there are any issues that can’t get resolved and your divorce ends up going to court, it will delay the divorce process.

The Length of the Marriage

If the couple is married for a short time, the divorce will not take as long as a ten-year marriage. Not only are there more assets to separate but most likely there are children involved. The decisions on which possession should go to the husband or wife could be more tedious than of a three years marriage. Meaning, dividing more assets could drag out the divorce longer than 90 days.

Couples Who Have Children Generally Take Longer to Finalize a Divorce.

If you have children with your spouse, it could cause the divorce to take longer. The main thing is what is in the best interest of the children! Sometimes divorcing parents don’t see eye-to-eye on this matter, which can prolong the divorce proceedings. If the parents can agree where the children will live, the process will move along much faster.

Finalizing the Divorce

A judge for family law cases always looks at all aspects of a divorce before signing and finalizing a divorce. With that said, all divorces are not final until a judge signs it. On the other hand, either spouse is entitled to have their divorce attorney file an appeal if you don’t agree to the terms of the divorce. If the couple is in agreement and they don’t file an appeal, the divorce is final as soon as the judge signs on the dotted line. If you live in the state of Idaho near the city of Idaho Falls, it will be easy to find a divorce attorney that practices family law for your divorce.

Divorce Attorney in Idaho Falls

What types of divorce are there?

When you’re at the end of marriage, it is essential to know that there are many different pathways to accomplish a Divorce Attorneys in Idaho Falls. Before proceeding forward, determine which option fits your situation. In some cases, a husband and wife are able to work through their divorce without difficulty. On the other hand, in high-conflict circumstances, you may need to follow different alternatives that your divorce attorney recommends.

Also, this could mean choosing another pathway than you initially planned. Regardless, knowing all of the choices can help to lower the chances of confliction, lower stress, and keep the cost down. For the most part, your family law case should move along smoothly. Let’s take a moment to look over the options!

Contested Divorce

In a contested divorce, the couples usually have difficulty agreeing on settlement issues or the getting the divorce in the first place. In fact, most couples argue over division of assets, dividing debt, alimony, child support, and which parent gets custody of the children. This type of divorce is the most complicated, which causes the process to take other steps before finalizing, including pretrial motions, negotiations, and hearings. If worse comes to worse, it could even go to trial to settle any differences that can’t be resolved.

Uncontested Divorce

In an uncontested divorce, the couples can reach an agreement on all matters of their a family law case. They can file together as both being the petitioners and receive the divorce according to their terms. In this case, the divorcing couples can hire one divorce attorney to draw up all the necessary paperwork. Another option is to file the divorce paperwork agreement to the court together as a couple without a lawyer. By not using an attorney you could save money. However, the divorce may not go through as planned if you don’t do things correctly. By all means, take the option that suits your needs.

Divorce Settlement

Almost all divorces become finalized without ever needing to go to court. In this case, it is generally handled by all parties involved, including the divorce attorney. Meaning any negotiations between the divorcing couple is done through their attorneys. When they come to an agreement, the divorce papers are drawn up and filed. If the judge on the case finds the deal beneficial to both parties, the divorce is signed by the judge and finalized under the terms of the agreement.

Mediated Divorce

Mediation is a way to resolve unclear divorce issues outside of court. For the most part, a mediator is a neutral party that will not gain anything either way. They listen to both the husband and wife and help the couple to come up with a resolution or common ground. Then, the divorce is presented to be signed by the judge for finalization.
No matter which divorce you choose, there will always be a good divorce attorney in idaho falls at Nalder & Blake Law available to assist in any family law case you give them.

Medical Malpractice lawyer

Missed Diagnosis Results In Death

In March, a Salt Lake City jury awarded $2.9 million to the family of a 55 year-old man who died after physicians failed to diagnose and treat a life-threatening heart condition.  One evening, after developing chest pains, the man went to a clinic where he was seen by a Physician’s Assistant (PA).  During this time, the pain had spread to this man’s abdomen. The PA diagnosed him with constipation, discharging him with instructions to drink a bottle of over-the-counter magnesium citrate and take a suppository.

Idaho medical malpractice lawyersNine days later, the man returned to the same clinic after being awakened by a sudden onset of sweating and severe heartburn. Again, the pain had radiated to his abdomen.  He also was found to have high blood pressure on exam.  Nevertheless, he was again diagnosed with constipation and instructed to increase his daily intake of fruits and vegetables with the recommendation to follow up in two months.  Four days after this second visit to the clinic, the man passed away while at his home.  An autopsy determined that he had died of aortic dissection, a serious condition in which the inner layer of the aorta, the large blood vessel branching off of the heart, tears.

The lawsuit alleged that the healthcare providers at the clinic breached the applicable standards of acceptable medical care by, among other things, failing to perform a chest x-ray, failing to perform an EKG, and failing to send the man to the emergency room.  The jury found that the man was 30% at fault, presumably because he could have gone to an emergency room on his own but chose not to do so.

Our experienced Idaho medical malpractice lawyers, at Nalder & Blake Law in Idaho Falls, have decades of experience litigating complicated professional malpractice cases.  If you or a loved one were the victim of a similar, or any other type of medical mistake, call us today for a free consultation.

Idaho Malpractice Attorney

Idaho Medical Malpractice Tips

Challenges surround us throughout life. Unfortunately, those challenges are sometimes exacerbated by the very professionals we trust to make us feel better. Whether you or a family member are affected by professional negligence, Nalder & Blake Law Office is here to help you navigate your way through the process.

As you begin this journey, here is some information that will be helpful. Read through these before pressing forward with litigation against a medical professional.

Malpractice Time Limits

There are three key time limits in Idaho that a patient needs to be aware of when bringing a medical malpractice lawsuit. First, if the hospital is a governmental entity, such as a county hospital, there is a 180 day notice of tort claim deadline. Second, before a lawsuit is filed, you have to file for a review with the Idaho State Board of Medicine’s Pre-Litigation Screening Panel. Third, you generally only have two years from the date of the alleged negligence within which to actually file a lawsuit. Do not delay, as these deadlines are all critical.

Malpractice Case Evaluation

Your prospective lawyer will want to review all of the details of the case. He or she will first need to look at all of the relevant medical records. The lawyer will need to see whether the records document anything that may have been done incorrectly. Your malpractice lawyer will next want to have an expert in the particular medical field review the records to see if a case can be proven. Finally, the lawyer will want to evaluate the injuries the alleged negligence caused to get an idea of the possible areas of damages.

Malpractice Case Process

If your professional malpractice lawyer accepts your case, he or she will file the proper paperwork with the Idaho State Board of Medicine. Then, after an advisory decision is issued, the lawyer must wait 30 days — after-which, a lawsuit can be filed. Once a lawsuit is filed, each side will send the other written information requests, called discovery requests. Your lawyer will depose the opposing witnesses and you will be deposed by the defendant’s lawyers as well. Usually between a year to year-and-a-half down the road, the case will be set for trial. As discovery proceeds, the other side may want to settle — if not, the case proceeds to trial. Experts will be called on the standard of care, injuries, and damages. A verdict will be reached, which can then be appealed. Keep in mind that this is a long process and requires patience.

The Idaho professional malpractice lawyers at Nalder Law are here to help you navigate the tedious and difficult legal process. Call us today for a consultation regarding your particular situation.