Bold items=Documents, you should have.
ATTACHMENTS. The attachments are Court Forms and others I have created for my client's to fill out on their own time to speed up our representation. Many of them need to be delivered to my office and an appointment arranged to finish and sign them.
BE SAFE. Transitions are difficult trust your own judgment in all situations. If you need to move, move. Talk to Selim before moving semi-permanently more than an hour away.
FIRST APPOINTMENT – This appointment is usually an hour and is mostly for collecting information to both give good advice and to make the papers for the second meeting. All questions should be answered in this interview. You should review and sign the Engagement Letter which allows Selim to start work on your case and explains expenses you are responsible for. Please fill out the Family Law Case Information Sheet, if children also the Child Support Summary Form, if a divorce also the Certificate of Divorce.
SECOND APPOINTMENT – This appointment is to review and sign the petition or response and counterclaim. Usually at this time we can also prepare child support numbers, a proposed custody schedule and a stipulation for the other party to sign. The filing fee or fee waiver is necessary to file. CURRENTLY: Divorce $213, Paternity $171, CPO $0, Guardianship $223, Response $140. (pay Star Law Office)
FILING THE PETITION or RESPONSE AND COUNTERCLAIM –
To start the case or enter the case, we need to file a document that generally tells the court what you want from the court case, Selim will scan it and submit it to the court, the court reviews it accepts it and ‘file stamps’ it and emails it back to Selim. Documents needed before filing:
Engagement Letter (Signed)
Petition (if filing first) or Response and Counterclaim (if filing second)
Family Law Case Information Sheet
Filing fee or Motion and Affidavit for Fee Waiver
SERVICE – Once the documents are ‘file stamped’ the documents need to be physically handed to the other party, usually use the sheriff. Cost is $60. If the other party can’t be found we can publish in the paper, we need to ask the court’s permission through an affidavit in support of motion of service by publication. Most newspapers cost around $150 to publish it once a week for 4 months.
PARENTING CLASS – All parents must attend a parenting -class. Usually after a Petition is filed with the court an Order to Attend Parenting Class is received which provides instructions on how to attend. Cost is $60. Call court at 208-788-5521 with questions.
Child support case: last 2 W2s, last 2 paycheck stubs, proof of cost of medical insurance for children, proof of cost of daycare.
Divorce Case: list of all items worth over $100, copies of all deeds, 6 months bank account statements, copies of all life insurance policies, copies of documents used to value an expensive item, copies of last 2 years business tax returns (balance sheets, profit and loss), bankruptcy filings, list of all debts, 6 months of mortgage statements, 6 months of credit card statements, 6 months of other debt statements.
Alimony Case: Very, very detailed budget.
All cases: list of possible witnesses, names, addresses, phone numbers, brief description of testimony (Example: “my parenting skills” or “value of marital house,” this doesn't mean they will testify, but allows us to call them to testify).
MOTION FOR TEMPORARY ORDERS – Most cases don’t need such a motion. All court cases get a trial date assigned at some point, usually in Blaine County it is about 6 months out. If there are important things that cannot wait 6 months, like parenting time, child support, housing, paying debts, etc. please contact Selim for an affidavit in support of motion for temporary orders, which is a fill-in-the-blank form. Once the form is filled out schedule an appointment with Selim to finalize the paperwork. These hearings are on the papers only, with a short 30 minute attorney argument hearing. Because it is papers only, the papers are very important to have every reason for needing the order and background. Once the affidavit is finalize Selim can call the court to request a hearing date 14 days out. These orders are temporary until there is a trial or a final agreement.
TRIAL – Most important part is to have all witnesses and evidence 42 days before. You will know everything and be prepared for trial long before. Typically prepare to testify and understand evidence in week before.