Does it Matter Who Files for Divorce First in Boise, Idaho?

In a no-fault divorce, neither party is to blame for the divorce in the eyes of the law.

With an at-fault divorce, there must have been grounds for divorce, and you must be able to prove, with evidence, that your spouses’ actions fall into one of the at-fault categories. If you choose to seek an at-fault divorce, but you cannot provide adequate evidence, the Judge presiding over your case may decide to dismiss the case.

This is one of the reasons why obtaining the legal representation of a skilled attorney is essential, as they will know exactly how to evidence your claims in a way that makes your case difficult to dismiss.

The most common grounds for an at-fault divorce in Idaho are as follows:

• Extreme Cruelty – Extreme cruelty can include a number of acts but usually refers to either physical abuse, emotional abuse, or neglect. For extreme cruelty to be used as the reason for divorce, it needs to be proven that it is no longer safe to live with your spouse as you fear for your safety.
• Habitual Intemperance – Habitual intemperance is when one spouse has a problem with addiction, and the consequences of their actions are causing physical or emotional trauma to the other spouse.
• Conviction of a Felony-Level Crime – Committing a felony-level crime and being convicted for said crime grants automatic grounds for divorce to the other spouse.
• Adultery – Marriage is a sacred vow, and if your spouse has cheated on you, this is grounds for divorce.
• Willful Desertion – If your spouse has abandoned all of their marital responsibilities to either the other spouse or their immediate family, then this may be grounds for divorce if you can prove that their actions are negatively affecting the household.
• Willful Neglect – Willful neglect occurs when one spouse no longer contributes towards the financial and emotional needs of the family and any children involved in the marriage.
• Permanent Insanity -You are entitled to divorce if your spouse is sent to a mental institution.

Divorce By Default

Divorce by default in Idaho is a process by which a divorce can be granted to one of the two parties involved in the marriage without the other party’s consent or participation. This type of divorce is only available in certain situations. In order for it to be granted, the petitioner must prove that the other spouse has been absent from the marital home for at least five years and has not provided financial support during this time.

The petitioner must also prove that they have made reasonable efforts to locate the other spouse, such as attempting to reach them via phone, mail, or other means. If all of these conditions have been met, then the court may grant a default divorce, meaning that the marriage is dissolved without the other party’s involvement.

Contact Idaho Divorce Law Firm Today!

Pursuing your divorce without legal representation may result in a lengthy divorce process that incurs a lot of additional court costs. By obtaining representation from one of our team here at Idaho Divorce Law Firm, you ensure you have an advocate knowledgeable in the divorce process, divorce laws, and methods that can help speed up the process, all whilst protecting your rights and future.

Representation becomes even more important if you have any children. Child support and child custody discussions are by far the most likely to end up in conflict, with both parents fighting tooth and nail for what they believe to be in their child’s best interest. Unfortunately, this rarely aligns with the other spouse, and this can lead to serious delays and extortionate court costs, especially if you require multiple hearings.

Call us today for a free consultation with a divorce attorney today at 208-314-3302!

Filing For Divorce in the Right Court

Filing for divorce in the right court in Idaho is essential for ensuring that the court has jurisdiction to hear the case, that all the paperwork is filed correctly, and that all of the necessary steps are taken. The court where the divorce is filed must be in either the county where the petitioner (the spouse who files for the divorce) or respondent (the spouse who responds to the petition) lives.

If either spouse has moved out of state, then the court will have to decide whether it has jurisdiction to hear the case.

The paperwork that must be filed for a divorce in Idaho includes a petition for dissolution of marriage, a financial affidavit, and other documents. Not only does filing in the correct court mean that all of this paperwork is correctly prepared, but it also ensures that any additional documents required by the court are included.

How Long Does an Uncontested Divorce Take in Boise, Idaho?

When it comes to the waiting period for a divorce to finalize, Idaho is rather unique. In Idaho, the process can be completed relatively quickly under the right circumstances, with the potential for a divorce to be finalized in as little as 62 days.

How Long Does a Contested Divorce Take in Boise, Idaho

The length it takes for a divorce in Boise, Idaho, to complete will depend on a variety of factors. These factors include the complexity of the case, the willingness of both parties to cooperate with each other, and the type of divorce chosen.

Complexity

If the divorce involves complex financial matters, multiple assets or business interests, or contentious custody disputes, then the process could take much longer than a simple divorce. In Boise, Idaho it is important to have an experienced attorney to help navigate these complexities and ensure that every issue is addressed properly.

Willingness to Cooperate

If both parties are willing to cooperate and negotiate in a timely manner, the process can move more quickly. If one party is unwilling to cooperate or is not responding to communication from the other party, then it can cause delays and lengthen the process.

Type of Divorce

The type of divorce chosen will also influence how long it takes. A contested divorce, where both parties cannot agree on certain issues and need to go to court, will take longer than an uncontested divorce, where both parties agree on all issues and can file paperwork without going to court.

Working with an experienced attorney can help ensure that all issues are addressed properly and efficiently so that the process can move as quickly as possible.

Dividing Marital Property

The division of assets is an important and often complex process in Idaho. When a couple gets divorced, their assets need to be divided equitably and fairly between the two parties. This process can be complicated and fraught with emotion, so it is important to obtain the services of a knowledgeable and experienced family law lawyer.

Idaho is a community property state, meaning all property will be assigned either community property or separate property status. Separate property includes all property owned by either individual before the marriage, any compensation payouts, inheritance and gifts.

Everything else is community property and includes all assets obtained by either party during the marriage. All of the community property that a married couple owns is eligible for equitable division during the divorce.

Financial Support and Maintenance

Obtaining fair financial support and maintenance following a divorce is of utmost importance, especially if you have sacrificed a lot for the marriage. Sacrifices such as leaving a job or cutting back on hours to take care of the home or children, or foregoing the opportunity to advance your career, can all have long-term financial implications.

Pursuing financial support can help you cover the costs of setting up a new home, getting back into the workforce, or managing any debts incurred during the marriage. This can be especially important for those who have sacrificed a lot for the marriage and may not have the resources to support themselves financially.

Maintenance payments can be used to help support the spouse who has sacrificed a lot for the marriage and can help make sure that they are able to maintain their standard of living. This can be especially important for those who may not be able to find employment or are unable to reenter the workforce for some other reason.

Child Support and Child Custody

Seeking legal representation is essential when it comes to fighting for custody of minor children or child support. Idaho divorce laws can be complicated, and having an experienced lawyer on your side can help you navigate the court system and ensure that your rights are protected and that you have the financial resources to ensure the needs of your child are met.

A lawyer can help you develop a strategy to make sure your case is presented in the most favorable way possible. Having a lawyer can also help you understand the legal process and your available options. They can provide advice and guidance on the best way to proceed and can help you understand what the court expects from you.

Do you need grounds for divorce in Boise ID? FAQ

Do you have to be separated before divorce in Idaho?

No, it is not necessary to be legally separated before filing for divorce in Idaho. However, Idaho does recognize legal separation, and a couple does not need to be divorced in order to be legally separated.

Does it matter who files for divorce first in Idaho?

Yes, it can make a difference. In Idaho, the person who files for divorce first is called the Petitioner, and the other person is called the Respondent. The Petitioner typically has an advantage in terms of the timeline and court procedures for the divorce. They can also set the tone for the divorce proceedings and have the upper hand in terms of negotiating the terms of the divorce.

Is there a difference between divorce and legal separation?

While they sound very similar, there are some key differences between legal separation and divorce. The main one being that after a legal separation, you are still technically married, but after a divorce, you are not.

A legal separation allows you to implement the same agreements you might come to during a divorce without the need for dissolving the marriage.

Under the circumstances in which you wish to be remarried, you would need to request the courts to change your separated status to a divorce.

Do I need to be a resident of Idaho to file for divorce?

No, you do not need to be a resident of Idaho to file for divorce. However, if you and your spouse are both Idaho residents, you may be required to meet the state’s residency requirements in order to file for divorce.

The residency requirement for divorce petitions is six weeks so you or your spouse must have lived in Idaho for at least this period of time prior to filing for divorce.

Contact a Divorce Attorney at Idaho Divorce Law Firm Today!

Seeking legal representation to help you through your divorce case in Idaho is always a smart idea. With a dedicated attorney, you ensure that you are treated fairly and your rights are protected while you finalize your divorce papers.

Divorce decrees are legally binding court orders, meaning you have a legal obligation to follow any arrangements. If you and your spouse cannot come to amicable agreements on these orders, the Judge may make the decisions for you, and this may result in a decree that neither of you is happy with, but both have to follow until you can pursue a modification of the order later on down the line.

Contact us today to discuss your case at 208-314-3302.

The divorce process for a couple is a stressful and emotionally challenging time, especially when it comes to navigating legal matters and waiting for the divorce to be finalized. Divorce doesn’t just affect the couple involved; it also extends to the individuals closest to them, their families, and their children.

It is, therefore, understandable that most people want to move their divorce along as quickly as possible. An uncontested divorce in Idaho could be over in a matter of months, with the minimum amount of time being 62 days. However, most cases take a year or more, as it takes time for divorcing spouses to come to agreements on all of the key issues of their divorce.

Depending on the outcomes of an Idaho divorce, specific actions such as child support payments and general child support make it important to get the final divorce judgment right.

Contact Idaho Divorce Law Firm Today For a Free Consultation with Our Boise Divorce Attorney

In order to make sure divorce proceedings run smoothly, it is crucial that you seek legal expertise from a reputable divorce attorney, one who is experienced in divorce law cases and can guide you through this legal process with support and care.

Our divorce attorneys work across a range of cases regarding divorce and legal separation, meaning they are able to ensure you receive the personal touch you deserve when navigating challenging circumstances such as divorce.

We will help your divorce move along quickly without sacrificing your rights. We will help you and your ex-spouse come to agreements using mediation, therefore minimizing court involvement which can cause delays to a divorce. At the same time, we will be prepared to litigate in court for you if it is necessary.

No matter what kind of divorce you are dealing with, our divorce attorneys will be able to offer you the Idaho divorce guidance that you need to make this experience as comfortable as possible.

Call today for a free consultation with a divorce attorney in Boise, Idaho today at 208-314-3302.

How Long Does a Divorce Take in Boise, Idaho?

An uncontested divorce in Idaho can happen fairly quickly, depending on how fast the divorcing spouses can reach a stipulation. Unlike other states, Idaho has a short waiting period for divorce. If all goes to plan, a divorce can be finalized after the mandatory waiting period of 62 days is finished.

The waiting period begins when the other spouse is served with the divorce paperwork and requires a judge to wait at least 20 days before a divorce can be granted. This process may vary depending on where you live and if children are involved.

The divorce process for an uncontested divorce starts with the filing spouse completing a summons and a petition, as well as providing any supplementary documents regarding expenses, assets, income, and information about your children if you have any. Many of the Idaho divorce forms can be accessed through the Idaho Court Assistance office.

When you make a petition, it will be signed in front of a notary. They will make two copies and take the documents to court. There will be filing fees for a no-fault-based divorce, and a court clerk will provide you with a case number. With the signed divorce forms and case number, the next step is to arrange with the Idaho judicial branch to serve your spouse. Alternatively, your spouse can accept the service of divorce by signing a waiver.

You must provide your signed written divorce stipulation to the court for approval. This divorce petition can be written together with the support of a divorce attorney. An Idaho judge might ask for more information regarding certain aspects of your divorce, and it is important to be prepared for any documents the court will require.

What Our Divorce Attorneys in Boise, Idaho Can Do For You

An Idaho divorce lawyer can help you ensure that your rights are protected and that decisions are made with your future consideration. They will ensure that everything is filled out correctly and you have all the evidence you need so that your divorce can run more smoothly.

An experienced divorce attorney should also be a skilled mediator, which means that they can help you and your spouse reach agreements that best serve your family. In minimizing court involvement, they will help protect important relationships and save time and money on court proceedings.

If you appoint a divorce attorney from our Idaho Divorce Law Firm, you can expect:

• Strong advice and support on dealing with divorce.
• A trained mediator.
• Legal insights into nuptial agreements during a divorce.
• A strong attorney-client relationship where every decision is taken in your best interest.
• Personal and emotional support for your well-being.

At our firm, clients are treated as individuals, and each individual case is handled with sensitivity and care during this time. Our attorneys will work tirelessly on your behalf to make sure the best outcome happens.

With our attorneys, the client is part of the team. Both sides will be on the road together, working to ensure that the course of the divorce process is taken with comfort and care every step of the way.

Contested Divorce vs. Uncontested Divorce, What is the Difference?

In Idaho law, there are generally two types of divorce proceedings: contested and uncontested. Idaho divorce laws recognize both.

Contested Divorce

If a divorce is “contested”, this means that the spouse filing the divorce complaint does not agree with some or all aspects of the divorce. This means that any lingering issues will be taken to a local court, where the divorce case will come under trial with a Judge. The evidence will be examined, and in some cases, witnesses will be called.

Each contested issue requires an individual hearing, and the Judge will expect divorcing spouses to try and use mediation first before attending court. An experienced divorce attorney should be able to help you with both; they should be a skilled mediator as well as a litigator.

Uncontested Divorce

In contrast, an uncontested divorce, otherwise known as “divorce by stipulation”, is when both spouses agree on the issues surrounding the end of their marriage, eliminating the involvement of a Judge. In some uncontested divorce cases, couples prefer to make it a “do it yourself divorce”, using solutions such as an online divorce service without needing court approval.

However appealing a DIY divorce might seem, when handling a divorce in Idaho, it is always better to seek legal assistance for your legal separation to ensure that your rights are protected and that decisions are made which are in your best interest. Once a divorce is finalized, it is difficult to change, so it is important to get it right in the first instance.

What Are the Grounds for Divorce in Boise, Idaho?

Each state operates on its own grounds for divorce, but Idaho is a no-fault divorce state. This means that couples filing a divorce complaint can tell the Idaho court that they have reached a point in their marriage whereby they cite irreconcilable differences. This establishes no-fault grounds, which can make the legal processes quicker, as neither spouse has to prove that the other is at fault.

There are sometimes situations where an at-fault divorce may be the most appropriate option. However, the spouse filing for a fault-based divorce will need to prove that the other spouse’s behavior caused the end of the divorce. Although it can be more time-consuming to file for a fault-based divorce, it does ensure that your experiences are acknowledged by the Judge, and this could impact certain decisions, such as those involving child custody.

It is also important to remember that you must meet the state’s residency requirement before you can file for a divorce in court. To get a divorce in Idaho, the filing spouse must have been a resident of the state for six weeks immediately before filing and taking it through the court system.

Justifications for an At-Fault Divorce

Some justifications for an at-fault divorce include:

• Adultery – where one spouse is unfaithful to the other.
• Extreme cruelty – a type of fault divorce where a spouse claims the other spouse committed some form of physical or mental cruelty against them.
• Willful Desertion – this refers to abandonment within the marriage, that in the months or weeks prior to the divorce proceedings, one spouse was abandoned with their children without their consent and with the intention of abandoning all legal obligations in respect of them for at least 1 year.
• Willful Neglect – this refers to when one spouse fails to provide for their family and minor children. They fail to provide common necessities when they have the ability to do so and overall spousal maintenance of shared responsibilities.
• Habitual Intemperance – this refers to when there is wilful neglect of responsibilities from a spouse due to being intoxicated, either on drugs or alcohol for a period of time, causing mental anguish for the other spouse.
• Conviction of a felony-level crime – Spouses, can file for divorce in Idaho if one spouse has a felony conviction. The person filing for divorce must take into account that a criminal conviction does not speed up the divorce decree.
• Permanent insanity – If your spouse has been omitted into a mental institution, the filing spouse is eligible for spousal support from the state.

It is important to remember that you can only allege grounds that you can prove for divorce in Idaho. If you fail to convince the court that your spouse’s behavior or misconduct was the reason for the divorce, this could risk a Judge dismissing your case in the Idaho courts entirely due to a lack of evidence. It is a good idea to get advice from an attorney first who can review your case.

Divorce by Default in Boise, Idaho

In a “divorce by default” in Boise, Idaho, the spouse filing the divorce, otherwise known as the petitioner, files and serves the divorce papers, but the respondent (the other spouse) doesn’t file a response within a 20 day period for responding.

In other words, this means that the respondent “defaults” the right to be heard by not responding in the required time frame. Once this time frame has passed without a response, the petitioner can gather the appropriate divorce documents to finalize the divorce.

Dividing Property Procedures in Boise, Idaho

Dividing marital property can be a difficult subject to navigate. The state of Idaho operates as a community property state. This means that assets will be categorized according to when they were acquired. Assets that were obtained during the course of your marriage will be deemed as “community property”, meaning that they will be divided equally between the spouses. Assets obtained after the separation or before the marriage will be considered as separate.

Although community property is considered to belong to each spouse equally, there are situations where the Court may determine that a 50/50 split is not fair. For example, if one spouse takes full custody of the children, then they could be entitled to the marital home.

Financial Support in Divorce in Boise, Idaho

If you are going through a divorce, it will be made harder when children are involved. In these cases, alimony and child support can be ordered by Idaho courts. Factors like the financial resources of the spouse who is seeking spousal support, the earnings of both spouses, and the length of the marriage all come into play when considering alimony.

If the couple has children, child support is ordered based on each parent’s income. There is a state minimum of $50 per month. In Idaho, the amount of child support isn’t based solely on the paying parent’s income. Instead, the state uses a system that looks at the combined income of the parents.

Splitting up assets, determining alimony, and figuring out child support isn’t something that is easy for most people. Anyone who is going through a divorce should seek the help of someone familiar with Idaho divorce so they can prepare for the divorce process in a proper manner.

Child Support and Child Custody Matters In Divorce Proceedings in Boise

If you and your spouse are divorcing and have minor children, the process is often challenging. Child custody laws in Idaho are similar to many other states in the US, and the best interest of the children is always the primary focus of the court.

“Physical custody” is where the children will primarily live, and this is determined by the courts. If the divorcing spouses cannot agree on a custody decision, the following factors will be considered by the courts following state child support guidelines:

• What each parent’s wishes are for child custody and the proposed parenting plans given to the court clerk.
• If one spouse following the divorce has plans to relocate.
• The mental and physical health of each parent.
• Examining if there is a history of abuse within the family, either between the parents or towards the children.
• The ages of the children, if they are older, and what their wishes are.
• How the children will adjust to changes of home/community/schooling.
• The relationships between the parents, children, and siblings, factoring in extended family relations, also.
• Which parent’s proposed plan will contribute the most stability to the children’s lives.

Why a Dedicated Idaho Divorce Law Firm is Right For You

When it comes to divorce, it is best to work with a dedicated attorney. Like any lawyer, your dedicated attorney will be able to understand your individual requirements and concerns when dealing with the divorce case on your behalf.

The team here at Idaho Divorce Law Firm understands divorce better than anyone else. Our team boasts decades of experience in dealing with the Idaho legal system, and can proudly represent our clients.

As it is a difficult time, it is crucial that divorce lawyers approach each case with care, offering personal touches. Often, divorce cases involve children, which can lead to child custody arrangements and the breaking of a home. These factors make divorce cases even more emotional.

For this reason, your divorce case requires an attorney that understands the sensitivity of the case, but can also advise and guide you.

Contact Our Boise Divorce Attorneys in Idaho Today

We know that legal matters surrounding divorce are difficult and uncomfortable to face. At our firm, we strive to make sure that divorce cases are handled with care, with everyone working together to make sure the best possible outcome happens for you and your family. We have strong expertise in Idaho divorce laws and cases, making us well-equipped with the tools to deal with your case. Don’t handle this difficult time alone; pick up the phone and call us.

During your call, we will work together to understand your case and talk about how Idaho Divorce Lawyers, the leading Idaho divorce law firm, can best serve you during this time. Contact us today on the phone at 208-314-3302 for a free consultation.