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Coeur D’alene Divorce Attorney
Coeur D’alene Divorce
Coeur d’Alene means “heart of an awl,” and comes from an American Indian tribe who lived in the area. The pleasant summer climate provides lots of outdoor activities and the downtown pulses with energy. Coeur d’Alene is in northwest Idaho and is known for water sports on Lake Coeur d’Alene, along with trails in the Canfield Mountain Natural Area. Perched in a beautiful lakefront mountain setting, Coeur d’Alene has become a favorite destination for both retirees and families. The Museum of North Idaho traces the history of the city, in particular, the former timber industry.
Some of the major attractions in Coeur d’Alene include the Seven Stars Alpaca Ranch, the Art Spirit Gallery, Rider Ranch, Trickster’s Brewery Company, Tubbs Hill Nature Trails, and McEuen Park. Despite the beauty of the area, the state of Idaho consistently ranks in the top five for the number of divorces.
On the positive side, Coeur d’Alene does not make the top ten for the Idaho cities with the highest divorce rates. If you are in the middle of a Coeur d’Alene divorce or thinking about divorce, you could benefit from the following information.
Requirements for Divorce in Coeur d’Alene, Idaho Residents
Unlike most states, which require a residency period of six months or more prior to filing for divorce, Idaho only requires a residency period of six weeks. This means that one spouse must have lived in the state for at least six weeks prior to filing for divorce. The divorce will be filed in the county where either of the spouses lives. You will be required to sign a statement swearing you have lived in Idaho for at least six weeks prior to the filing of the divorce.
Will You File a Fault-Based Divorce, or a No-Fault Divorce in the State of Idaho?
The majority of states have moved to a no-fault system of divorce, although some offer the option of a no-fault or fault-based divorce. Idaho is one of those states; you can say your marriage is irretrievably broken, and obtain a no-fault divorce, or you can name one of the faults allowed in the state—although you do have to back up your allegation with facts. If you choose to file a fault-based divorce, you can choose from one of the following in the state of Idaho:
- 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.
How Will Your Coeur d’Alene Assets Be Divided in Idaho?
The state of Idaho is a community property state—one of only nine states in the nation that operates under community property laws. Your Coeur d’ Alene divorce attorney will explain all the details of asset division at your initial strategy session. Under community property laws, marital assets and debts are divided 50/50, regardless of any extenuating circumstances. Under equitable distribution laws, marital assets and debts are divided fairly—but not necessarily 50/50. Anything you or your spouse owned prior to the marriage is considered separate property as is an inheritance or gift received during the marriage (unless the gift or inheritance is commingled with marital property). A prenuptial agreement will take precedence over community property laws, otherwise, a judge will determine which property is marital and which is separate, then will divide the assets right down the middle.
Alimony in Coeur d’ Alene, Idaho
Many spouses wonder whether they are entitled to alimony or spousal support in the state of Idaho. The factors a judge will look at when determining whether alimony is appropriate will start with whether one spouse is unable to support himself or herself, and whether the other spouse has the ability to pay alimony. Other factors a judge will look at include:
- The age of the spouse seeking support
- The length of the marriage
- The physical and emotional health of the spouse seeking support
- The earning potential of the spouse seeking support
In general, the Idaho courts have wide latitude when determining alimony. The judge may award temporary alimony to the spouse who needs support to pay bills between the time the divorce is filed and when it is final. Short-term alimony could be granted when the spouse seeking support needs to update job skills or obtain an education to earn a better living. Permanent alimony is granted when the spouse seeking support has significant needs and cannot support himself or herself after the divorce—assuming, of course, the other spouse has the financial ability to do so.
Call Our Coeur d’ Alene Divorce At
The state of Idaho is a community property state—one of only nine states in the nation that operates under community property laws. Your Coeur d’ Alene divorce attorney will explain all the details of asset division at your initial strategy session. Under community property laws, marital assets and debts are divided 50/50, regardless of any extenuating circumstances. Under equitable distribution laws, marital assets and debts are divided fairly—but not necessarily 50/50. Anything you or your spouse owned prior to the marriage is considered separate property as is an inheritance or gift received during the marriage (unless the gift or inheritance is commingled with marital property). A prenuptial agreement will take precedence over community property laws, otherwise, a judge will determine which property is marital and which is separate, then will divide the assets right down the middle.
We’re also here to serve clients throughout Coeur d’Alene and surrounding cities in Idaho such as: