Divorce in Idaho
Filing for divorce in Idaho requires that the filing spouse (plaintiff) be a resident of the state for at least six weeks prior to filing (Idaho Code Ann. § 32-701). A divorce may be granted on either no-fault or fault grounds.
The no-fault grounds for divorce include:
- Irreconcilable differences
- Continuously living separate and apart without cohabitation for five years
According to Idaho Code Ann. § 32-603, the fault-based grounds for divorce include:
- Wilful desertion
- Extreme cruelty
- Habitual intemperance or alcoholism
- Wilful neglect
- Felony conviction
- Permanent insanity
Contested vs. Uncontested Divorce
In Idaho, divorce can either be contested and uncontested.
In a contested divorce, the spouses are unable to mutually agree on one or more important terms of the divorce settlement. A court hearing may be needed to resolve any relationship differences or divorce issues. The presiding judge will give a final verdict through a divorce order during the hearing. A knowledgeable attorney can help present your case thoughtfully and enhance your chances of getting a favorable outcome.
In an uncontested divorce, the spouses mutually agree on the key conditions and terms of the divorce settlement. These include asset division, alimony, child custody, child support, and parenting time. They will file the terms agreed-upon with the Idaho court to be approved officially. An experienced attorney can help make the conversation productive.
Spousal support – also referred to as spousal maintenance or alimony – is a court-ordered payment from the higher-earning spouse to the non- or lower-earning spouse during and/or for a period after the divorce. According to Idaho Code § 32-705 (a) (b), should the court find a need for maintenance and the other spouse is able to pay, the following factors will be considered to determine the duration, type, and amount of support:
- The duration of the marriage
- The financial resources of the supported spouse
- The ability of the spouse to meet financial needs independently
- The supported spouse's age, emotional, and physical health
- The time required for the supported spouse to acquire sufficient education, skill, or training needed to gain employment or become self-supporting
- The ability of the paying spouse to meet his or her financial needs while also making support payments
- Tax consequences to either spouse
- The marital misconduct of either spouse
Division of Property
Idaho is an equitable distribution state. All marital property (assets and debts acquired by the couple during the marriage) will be distributed equitably and fairly. The following factors may be considered by the judge to determine marital property division:
- The duration of the marriage
- Income and earning capacity of each spouse
- Marital fault
- Economic misconduct
- Custody of the children
- The contribution of each spouse to the acquisition of the marital property
- Tax ramifications of the asset division
Separate property, or that which was acquired before the marriage or acquired after by gift or inheritance, is not subject to division.
Child Custody & Support
When determining child custody and support, the court will make the child's welfare and best interest a priority. The following factors may be considered by the court when awarding custody and support:
- The wishes of the parents
- The preference of the child
- The interrelationship and interaction between the child, parent, and other siblings
- The ability of the child to adjust to a new home, community, and school
- The need to promote stability and continuity in the child's life
- The character and circumstances of all parties involved
- Any history of domestic violence, abuse, or neglect as defined in Idaho Code
- The financial needs of the child
- The child's physical and emotional condition
- The financial resources, needs, and obligations of both parents
- The child's educational needs and other necessities
- The availability of medical coverage for the child
Hiring Experienced Idaho Family Law Attorneys
Filing for divorce in Idaho involves a lot of complex procedures. Negotiating a divorce settlement with your estranged spouse, marital property division, determining child custody, support, and agreeing on visitation schedules, can make the whole process even more exhausting. This is why consulting with a knowledgeable Idaho family law attorney is crucial for detailed guidance and to help simplify the process.
At Shep Law Group, we are committed to providing experienced legal services and comprehensive guidance in matters of divorce, property division, child custody, support, and alimony. As your legal counsel, we will review your unique circumstances and help you understand your available options. Our team will work diligently with all parties involved to resolve divorce issues and relationship differences quickly and peacefully. We will fight compassionately to protect the legal rights, your future, and your family's best interest.