Idaho divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce in Idaho, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Idaho divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Anyone who has been a resident of Idaho for 6 weeks or more has the right to file a Complaint for Divorce in their county District Court.
Idaho Grounds for Divorce
Idaho retains the option for its citizens to file a fault-based divorce or a no-fault divorce, depending on their particular circumstances.
Uncontested Divorce in Idaho
In Idaho, divorcing couples have three options for filing an uncontested divorce. All three options require that there be no points of conflict or counterclaims that must be resolved by the court:
- Default divorce in which the respondent does not answer the summons and the court grants the divorce by default
- Simplified divorce in which the parties file their divorce petitions, written and notarized, in a similar manner to deeds. If the settlement involves real estate, the divorce and settlement must be recorded in the county recorder’s office
- Uncontested divorce, in which the papers, summons, response, and decree can proceed without the need for a hearing
Contested Divorce in Idaho
In Idaho, contested divorces are much more complex and vary greatly depending on the particulars of each case. No matter what the details, however, both parties would be wise to enlist the advice of a divorce attorney who can help present the claims of their clients, facilitate negotiations, and if necessary, present their case in court for a judge to determine the settlement orders.
Annulment in Idaho
Idaho does provide a legal means by which parties may have their marriage annulled, or declared void. These cases are often difficult to prove, so they are rare. However, the grounds for annulment include:
- Underage marriage by a party under 18 without the consent of their parent or guardian
- Bigamy
- Mental incapacity (partial or complete) that is affecting the married life of their partner
- Fraud
- Impotency, although it is difficult to prove that one partner is unable to consummate the marriage
- Duress
No Fault Divorce in Idaho
While Idaho residents have the option of filing a fault-based or no-fault divorce, the no-fault option is always easier as long as there is no contention over other elements. The grounds for a no-fault divorce include:
- Irreconcilable differences
- Living separately for a period of 5 years or more without cohabitation
Idaho Fault Divorce
There are a number of legal grounds for a fault-based divorce in Idaho:
- Adultery
- Extreme cruelty
- Wilful desertion
- Wilful neglect
- Habitual intemperance
- Felony Conviction
- Insanity
Idaho Divorce and Child Custody
Child Custody Laws
Child custody decisions in Idaho are based on a number of factors, primarily based on:
- The best interests of the child
- The wishes of the child and the parents
- The relationships between each parent and the child
- The stability of the child, and
- Any indications of domestic violence that may impact the child.
Child Alimony
Either or both parents may be required to pay child support until the child reaches the age of 18. Marital misconduct does not influence the ordering, or the amount, of child support payments. However, there are several conditions it does depend on, such as :
- The financial resources of the child
- The child’s previous standard of living
- The emotional, physical, and educational needs of the child
- The financial resources, obligations, and needs of both parents
- The child’s medical insurance needs
- The tax benefits to the parent claiming the child as a dependent
Idaho Divorce Spousal Support
Spousal support is determined by Idaho courts based on several factors:
- The resources of the party seeking support
- The amount of time required to educate, train, or find employment for the dependent party
- Length of the marriage
- Age and condition of the party seeking support
- Financial needs and resources of the party who would be providing support
- Tax implications
- Marital fault of each party
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Idaho
Spouses in the military are protected by Idaho law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From An Idaho Divorce Lawyer?
While it is always easier to choose an uncontested divorce, it is not always the right path. If there are issues that cannot be resolved by the parties alone, it is essential to contact an Idaho divorce lawyer to advise the parties of the state laws, their rights under those laws, and the best way to form a settlement over the items in dispute. Their experience can be invaluable in reaching a swift and equitable solution.
Copyright Notice: The above abbreviated synopsis of Idaho state divorce laws is original material which is wholly owned and copyrighted by “Good Divorce Lawyers” a division of MNW Diversified, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.