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Pocatello Divorce Attorney
The city of Pocatello is named for Chief Pocatello, a Shoshone tribal chief. Pocatello is the 5th largest city in Idaho and is known as “The Gateway to the North.” Depending on where you are in the hilly city, the elevation is about 4,462 feet. The city is very family-friendly, with the Portneuf Greenway trails running along the river corridor, linking Idaho State University, Old Town Pocatello, and the riverfront parks.
Pocatello is the largest city in Bannock County, as well as the county seat. A small portion of Pocatello is on the Fort Hall Indian Reservation in neighboring Power County. As of 2010, the population of Pocatello was 54,255. Unfortunately, Pocatello rates as number four in the cities in Idaho with the highest rates of divorce.
As of 2020, there were some 3,089 divorcees in Pocatello. It also has a relatively high crime rate, at 25.08 percent above the national average, but the overall cost of living in the city is lower than the national average.
How Long Must You Live in Idaho To Be Considered a Resident?
In most states, the residency requirements you must meet in order to file for divorce are six months, however, in the state of Idaho, that time is significantly shortened to just six weeks. The divorce will be filed in the county in which either the husband or the wife reside, and since only one of you must meet the residency requirements, if you have not lived in the state of Idaho for six weeks, but your spouse has, you can still file for divorce in the state.
What are the Grounds for Divorce in Pocatello, and in the State of Idaho in general?
Each state sets its own “grounds” or reason for divorce, although the trend in America is for a no-fault divorce. Currently, all states offer some type of no-fault divorce, usually known as irreconcilable differences. Irreconcilable differences mean the spouses are no longer compatible—and neither spouse expects that to change in the future. Idaho also allows a couple to file for divorce by showing the court they have lived separately and apart for a minimum of five years.
Those who wish to claim fault should be aware that the alleging spouse must prove the specific grounds to the court, which usually means your divorce will take longer and cost you more. That being said, if you believe your spouse’s behavior in the marriage was so egregious it deserves to be heard by the judge, then you can claim the following grounds for divorce in Idaho:
Adultery
Extreme cruelty
Willful desertion
Habitual drunkenness or drug addiction for a minimum of a year
Felony conviction
Willful neglect of a husband to provide for his wife for at least a year
Legal and permanent insanity (housed in a mental hospital for at least three years)
Division of Assets in a Pocatello Divorce
The division of a couple’s assets can often be the most contentious part of a divorce—aside from child custody. Idaho is one of only nine community property states in the United States. Under community property laws, anything earned or acquired by either spouse during the marriage is subject to a 50/50 split between spouses. This includes all income, real or personal property paid with marital money, and savings and retirement accounts.
Debts are also considered community property and will be subtracted from the total amount to be divided between the spouses. Community property laws split marital property right down the middle, 50/50, while equitable division states split marital assets fairly, although not necessarily equally.
What About Alimony?
If one spouse cannot support himself or herself, the court could award permanent support or support for a specific amount of time. A judge will look at the following factors when considering alimony:
- Whether the spouse who would be paying the alimony is able to do so
- Whether the spouse seeking support can reasonably support himself or herself
- The emotional and physical health of the spouse seeking support
- How long the marriage has lasted
- The age of the spouse that is seeking alimony
A judge may award temporary support to provide living expenses between the time the divorce is filed and the time when the divorce is final. Short-term alimony could be awarded to allow the supported spouse to gain job skills or education to earn a better living, or permanent alimony could be granted when the spouse seeking support is unable to support himself or herself after the marriage.
Call Our Pocatello Divorce Lawyer
Your divorce case is almost guaranteed to have a better outcome for you when you choose an experienced Pocatello divorce family lawyer. Our resident lawyer – Joe Frick is skilled in both negotiation and litigation, which will give you a significant advantage. In particular, if your divorce will deal with significant earnings or assets, or child custody will be an issue, having a highly-skilled Idaho divorce attorney in your corner.
Facing a Divorce is not meant to be fought alone. We at Idaho Divorce Law Firm are here to help. We serve in major cities of Idaho including:
We also serve clients throughout Pocatello, and surrounding Idaho suburbs such as:
Our law firm is here to help you. Call our Meridian office today at 208-218 8858 or Boise number at 208-900-6313 for a free consultation.