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:
- Willful desertion
- Willful neglect
- Cruelty (extreme)
- Felony conviction
- Habitual drunkenness that lasts a year or more
- 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.
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.
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.
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.