How Can I File For Divorce in Idaho?

All states have residency requirements when it comes to filing for divorce. For Idaho, to file for divorce, you must have resided there for at least 6 weeks before filing for divorce. The outcome of the case does not change depending on who files the case first. This holds no legal consequences for either party.

Is There a Waiting Period?

All divorces have a waiting period. The length of that waiting period depends on how much agreement there is between the couple when they file for divorce. Depending on the case, it can take anywhere from several weeks to several months.

Your divorce will be final when the judge signs the Decree of Divorce. Keep that in mind for when to start implementing your divorce agreement.

What are the Grounds for Divorce?

Each state has grounds or legal basis for obtaining a divorce. These grounds vary among the states but carry the basic theme. The Idaho Code has a “no-fault” theory as grounds for divorce. Drunkenness, adultery, and cruelty are also parts of the code that are considered legal grounds for obtaining a divorce. Furthermore, the no-fault theory relies on “irreconcilable differences.” The fault does not need to be proven for a divorce to happen.

An Idaho Judge can grant a divorce for any of the following reasons:

• Adultery: Your spouse cheated on you and had sexual relations with someone else other than you while you were married;
• Extreme Cruelty: Your spouse inflicted you with physical injury and caused you mental anguish;
• Willful Desertion: Your spouse abandons you with no intention of returning for at least one year;
• Willful Neglect: There is no financial support available for at least more than one year;
• Drunkenness;
• Conviction of a Felony: Your spouse has been convicted of a felony during your marriage and;
• Permanent Insanity: Your spouse is imprisoned in a mental asylum for at least three years, and the judge believes they will not be sane again.

Again, the above mentioned grounds are legal reasons for proving an at-fault divorce. A judge will view the Idaho code relating to these grounds and determine the final divorce terms. Proving one of these grounds may require additional witnesses to testify in court. Therefore, you must be prepared to present them in court with evidence and seek legal counsel if needed.

How is Property Divided in Idaho?

Idaho state regulations have deemed the state as a community property state. This generally means that all property obtained during the marriage is considered the community’s property. Therefore, the property will be equally divided by the judge. Remember that the judge has wide discretion regarding the division of property. The judge will examine several factors to determine the best outcome for each state. But a judge can do an unequal distribution of property if they have compelling reasons.

But, separate property acquired before marriage or property gained during marriage by gift, the inheritance will be the proceeds of separate property. The separate property of one spouse will be granted to that spouse. If you and your spouse can agree on a property division, usually, the judge will allow it. Keep in mind that the net income on separate property is considered community property.

It is recommended that you reach an agreement with your spouse regarding property division. If you do not agree, the judge will divide the property after considering the evidence from you, your spouse, and any other persons of either party. The parties may decide to present witnesses concerning the value and nature of the property and how it should be divided. This can assist the judge in understanding your situation better and determining who will receive the property.

What is Uncontested Divorce?

This is a rare situation in most cases. But an uncontested divorce means that you are your spouse are in agreement on all the aspects of divorce, including and not limited to custody, visitation, support, joint debts, and property division. However, this may occur during your divorce. In this situation, you can resolve your disputes more easily and effectively.

How is Alimony Decided in Idaho?

Alimony can be awarded anytime during the ongoing divorce proceedings. There is a process for applying for temporary spousal maintenance, which allows them to financially support themselves till they can obtain the proper education to return to the workforce. Usually, the length of the maintenance will be for the duration of time reasonably necessary for the spouse to become self-supporting.

What are the Basic Steps for Filing for Divorce?

According to the Women’s Law Organization, there are some basic steps to filing for a divorce in Idaho:

• First, you are mandated to satisfy the residency requirements. This means you must have been a resident for some time to be eligible for filing a divorce in that state;
• Second, you need to have “grounds” (a legally acceptable reason) to terminate your marriage;
• Third, you have to file the accurate paperwork for divorce and have copies sent to your spouse;
• Fourth, if your spouse does not agree with you in the divorce papers, they can tell the judge their side of the story. This is referred to as a contested divorce. In this case, a series of court appearances will resolve the issues. But if your spouse does not disagree with any term in the agreement, they must sign the papers and return them to the court. However, if your spouse does not respond and they miss the deadline, a judge can declare the case uncontested. You may need to reach out to your lawyer for assistance on this and;
• Fifth, if there is a property that you need to divide, or if you need financial assistance from your spouse, you will have to do an out-of-court settlement or a series of court hearings. Remember that other issues can be decided as part of your divorce.

Can my Spouse Stop me From Getting a Divorce?

No, your spouse has no right to block you from obtaining a divorce. Neither party has the right to file for or receive a divorce in Idaho. Although some divorce cases are more simple in terms of the agreement, most of them have complicated issues that are entangled in the case.

Idaho allows spouses to sue for an at-fault divorce, as stated above. In these cases, the spouse can contest the allegations in court. Remember that a non-fault petition for divorce, however, can not be contested by an unwilling spouse in Idaho. If you have questions about these matters, a qualified lawyer near you can help you with your legal inquiries.

When Do I Need to Contact a Lawyer?

If you live in Idaho and are planning to file for a divorce, it may be helpful to contact a local Idaho divorce lawyer in your area to assist you with your case. As stated earlier, not everyone can file for a divorce in the state, and certain legal requirements regarding residency and legal reasons for divorce need to be satisfied. Thus, a lawyer may be needed to help guide you through the process to ensure your legal rights and interests are protected.