FAMILY LAWYERS SERVING BOISE & MERIDIAN, IDAHO

Are you or someone you love seeking the assistance of a family law attorney? If so, Shep Law Group might be the right legal team to meet your needs. We not only serve the Boise and Meridian, Idaho areas, but we also offer statewide service. Our legal team is here for you every step of the way to answer any questions or concerns that you might have about the sensitive issues of divorce, child support, child custody, alimony, and all the related legal matters that may accompany those types of cases.

We know that each case is unique, and everyone has their own story to tell. Let us give you the safe, supportive environment you need to tell yours.

Idaho Divorce: What You Need to Know

Whether you live in Ada County, Canyon County, or some other region of Idaho, it’s important to have a basic understanding of our state’s divorce laws as you enter into the process. Here are three of the most important things to know about Idaho divorce law:

1. In order to file for divorce within the state, you or your spouse are required to have lived in the state for six weeks before filing a divorce complaint.

2. The spouse wishing to file for divorce (“the petitioner”) must provide a reason (“ground”) that outlines why you are seeking a divorce.

3. Under Idaho law, you can file either a no-fault or fault-based divorce.

If you are filing a no-fault divorce, that means you do not need to provide any kind of proof that the other spouse did something wrong to cause your desire to separate. Rather, you can simply list “irreconcilable differences” as the ground for your divorce.

If, on the other hand, you are filing for a fault-based divorce, you would list an example of misconduct as your ground for separation, such as:

• Adultery

• Willful desertion

• Willful neglect

• Cruelty (extreme)

• Felony conviction

• Habitual drunkenness that lasts a year or more

• Insanity

• Felony conviction

These, as we’ve mentioned, are just a few of the most basic laws you should be aware of as you enter into the divorce process in Idaho. For a deeper level of understanding and legal guidance, we encourage you to schedule a consultation with one of the knowledgeable attorneys at our law firm.

Child Custody

Even the most amicable of divorce proceedings can be derailed if the separating spouse cannot see eye to eye on child custody. And, should they be unable to agree on a fitting arrangement on their own, an Idaho family court will step in and establish a custody arrangement for them.

For these reasons, it’s absolutely vital that you seek the counsel of an experienced family law attorney. Not only can a family lawyer keep your child custody discussions constructive and on track, but they can also take a more aggressive approach to advocate for your and your children’s best interests if the other side isn’t willing to cooperate.

Child Support

In Idaho, both parents are expected to provide financial support to their child or children. When issuing a child support order, the judge follows what is referred to as an “Income Shared Model” — a tool used to calculate the amount that both parents would have spent on their children if the family had remained intact. They then divide the amount to determine child support.

As your legal counsel, we can help you anticipate what to expect in terms of child support. We can also negotiate on your behalf as needed.

Alimony

In Idaho, alimony or “spousal support” can be awarded if it is found that one spouse is not self-supporting. When determining the amount of alimony and length of time it should be awarded, all factors are taken into consideration, such as the length of the marriage, the specific needs of each individual, and the non-self-supporting spouse’s potential to begin supporting himself or herself. Because these factors are largely open to interpretation, it’s in your best interests to work with an attorney who can effectively demonstrate your needs to the judge.