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GETTING A DIVORCE IN KUNA, IDAHO
Although the residency requirements for divorce vary from state to state, in most states it is at least six months or longer. Idaho is unique in that the residency requirements for filing for divorce are only six weeks. This means that one spouse must have lived in the state for at least six weeks. The divorce may be filed in the county in which either spouse resides at the time of the filing. You are required to provide proof that you lived in the state for at least the past six weeks, and if you are the spouse filing the divorce complaint, you are signing a statement swearing you have lived in Idaho for six weeks prior to filing for divorce.
Most states now offer some form of no-fault divorce. Your Kuna Divorce Attorney can help choose the best choice. If you choose to file a no-fault divorce, you are only required to state there are irreconcilable differences in your marriage, with no hope of reconciliation. You can also claim fault in your divorce. While claiming a fault might make you feel better, in truth, it is unlikely to make a difference in the outcome of the divorce and may only cause further hard feelings. If you do choose to file a fault-based divorce you should be aware that you must prove any allegations of fault. In the state of Idaho, the following “faults” are allowed:
- Extreme cruelty on the part of one spouse
- 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 or drug abuse 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 KUNA, IDAHO ASSETS BE DIVIDED?
One of the most contentious parts of a divorce—aside from child custody—is the division of assets. Your Kuna Divorce Attorney will discuss this issue in detail at your strategy session. The state of Idaho—along with eight other states—still operates under community property law, which divides assets and debts exactly in half. Other states use the equitable distribution model, which divides assets fairly but not necessarily equally. Spouses who agree on asset division can divide up the property on their own. Those with a pre-nuptial or post-nuptial agreement will follow the dictates in that document. Others will have their assets divided by a judge who will first determine which assets are marital and which are separate. Separate assets—those brought into the marriage or obtained as a gift or inheritance during the marriage—are taken off the table, then the marital assets are divided 50/50.
ALIMONY IN YOUR KUNA DIVORCE
When a spouse is unable to support himself or herself, the court could award permanent or temporary alimony. Your Kuna Divorce Attorney will analyze the situation and let you know if this is an option. The factors considered by a judge in the determination of alimony 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
- The ability of the paying spouse to pay spousal support
Even if one spouse is entitled to alimony, if the other spouse is unable to pay alimony it becomes a moot point. Alimony may be awarded on a temporary basis, to help one spouse get through the divorce, short-term, for a spouse seeking education or job skills to earn a better living, or permanently for the spouse who has significant needs and is unable to support himself or herself.
OUR KUNA, IDAHO DIVORCE LAWYERS CAN HELP
- Caldwell
- Coeur d’Alene
- Eagle
- Idaho Falls
- Kuna
- Lewiston
- Moscow
- Pocatello
- Post Falls
- Rexburg
- Twin Falls
Can Your Child Decide Who He or She Wants to Live With?
In Pocatello and throughout the state of Idaho, there is no set age limit which determines when a child is able to decide which parent to live with. To the extent a child is sufficiently mature to express a reasoned preference as to which parent he or she would like to live with, the court will consider the child’s wishes. The judge will probably interview your child without either parent present, so this is an issue you might want to discuss with your Idaho child custody attorney.
What if Your Spouse is Attempting to Move Out of Pocatello or Idaho State Before Child Custody is Determined?
child, it is imperative that the other parent consults a Pocatello child custody lawyer immediately to ensure the Idaho courts will maintain jurisdiction over the children. Since most states have a residency requirement prior to filing for divorce, the court may require the parent to stay in Idaho until the divorce is completed and child custody is decided.
Can Your Child Decide Who He or She Wants to Live With?
In Pocatello and throughout the state of Idaho, there is no set age limit which determines when a child is able to decide which parent to live with. To the extent a child is sufficiently mature to express a reasoned preference as to which parent he or she would like to live with, the court will consider the child’s wishes. The judge will probably interview your child without either parent present, so this is an issue you might want to discuss with your Idaho child custody attorney.
