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Twin Falls Divorce Attorney
Twin Divorce Attorney
Many states have a residency requirement of six months or longer, however, Idaho is unique in this instance, requiring only a six-week residency period. The divorce will be filed in the county where one or the other spouse resides. If you have not met the six-week residency requirement, you must establish residency in the state, have your spouse file if he or she meets the residency requirements, or choose another state in which you do meet the residency requirements. You will be required to provide proof that you or your spouse has lived in the state for at least the last six weeks. If you are a member of the military service, and Idaho is your home of record, you may not need to be living in the state immediately prior to filing for divorce.
Is the State of Idaho a No-Fault State?
In the state of Idaho, you can either claim irreconcilable differences and file a no-fault divorce, or you can file a fault-based divorce. If you claim fault, you should be aware that in most cases, it will have little bearing on division of assets or other aspects of divorce—and that you have to back up any claim of fault with facts. If you choose to file a divorce based on fault, the following are the faults allowed under Idaho divorce law:
- Extreme cruelty
- Willful desertion (one spouse lived apart from the other for more than one year, with the intention of abandoning the marriage).
- Adultery
- A felony conviction on the part of one spouse
- Habitual drunkenness for more than one year
- Willful neglect (a spouse fails to provide the other with the common necessities of life for a period of at least one year, due to a refusal to work, or outright laziness).
- Permanent insanity (one spouse must have been a resident of a mental institution for at least three years).
- The spouses have been separated and have lived apart for at least five continuous years.
Dividing Your Twin Falls, Idaho Assets and Debts
If you are unable to agree with your spouse on how your assets and debts will be divided, an Idaho judge will do that for you. Your Twin Falls Divorce Lawyer will help you present the evidence in the light most favorable to you. Idaho is a community property state, meaning your marital assets and debts will be divided right down the middle after all separate property is taken out of the equation. There are only nine states left that still operate under community property laws. Other states have equitable distribution divorce laws, meaning assets are divided fairly, although not necessarily 50/50. If you or your spouse received a gift or inheritance during the marriage, those are your separate property, unless they have been commingled with marital assets or you have a prenuptial agreement that says otherwise.
Getting a Divorce in Twin Falls, Idaho
Many states have a residency requirement of six months or longer, however, Idaho is unique in this instance, requiring only a six-week residency period. The divorce will be filed in the county where one or the other spouse resides. If you have not met the six-week residency requirement, you must establish residency in the state, have your spouse file if he or she meets the residency requirements, or choose another state in which you do meet the residency requirements. You will be required to provide proof that you or your spouse has lived in the state for at least the last six weeks. If you are a member of the military service, and Idaho is your home of record, you may not need to be living in the state immediately prior to filing for divorce.
