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What is Required for Divorce in Boise, Idaho?
The divorce process can be emotionally challenging for everyone.
Whether you are the person filing for divorce or have been served divorce papers yourself; it is normal to feel overwhelmed. Trying to navigate legal matters whilst you wait for your divorce decree to be finalized can be stressful.
As a result of this, most couples want to settle their divorce without delay. Idaho Divorce Law allows for an uncontested divorce to be finalized within a matter of months, the minimum amount of time being 62 days.
However, spouses going through a divorce will often have to go through different stages to ensure they agree on key arrangements, and this can often take more than a year to finalize.
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Filing For Divorce
Filing in the incorrect court is likely to cause delays, therefore it is important to ensure you know where to file your divorce.
According to Idaho divorce laws, you must file your divorce in the state district court in the county in which your spouse lives. If you meet Idaho residency requirements and your spouse lives outside of Idaho, you are able to file for divorce in any county.
If your divorce involves minor children, you are likely to enlist the support of Family Court Services. Family Court will support you in more complex matters such as child support payment plans and visitation.
Our divorce attorneys can assist you in selecting the most appropriate service required for you and your individual case.
How Long Does a Divorce Take?
How Long Does a Divorce Take?
Idaho is unique in its short waiting period for divorce and therefore proceedings have the potential to progress relatively quickly in comparison to other states. A divorce in Idaho has the potential to be finalized after 62 days, which is the mandatory waiting period.
An uncontested divorce begins when a summons and a signed petition have been filed. Your Idaho divorce attorney will support you in writing this petition. The judge may require further information regarding specific facets of your case and you will have the opportunity to provide any accompanying evidence regarding assets, minor children, income, and any other important factors related to your case. Your petition will be signed in front of a notary and two copies will be made to take to court. A court clerk will provide a case number when any court filing fees for a no-fault divorce have been paid. Once one spouse is served with divorce paperwork with the Idaho judicial branch, the Judge is required to wait 20 days before the divorce is granted. However, if the divorce is contested this process will be longer, as each element of the disputed petition will need to be addressed.
What are Considered Grounds for Divorce?
Idaho is a no-fault divorce state which means the divorce procedure can be quicker as there is no requirement for spouses to prove fault. Irreconcilable differences can be cited as grounds for divorce. However, it may be necessary to file for an at-fault divorce. Under these circumstances, the filing spouse will have to provide evidence that the reason for the ending of the marriage is directly correlated to the other spouse’s actions. An at-fault divorce is more time-consuming than a no-fault divorce. However, it may be essential in order to have your experiences heard by the Judge as it could heavily impact the Judge’s decision about certain aspects of your case, such as child custody. It is important to note that to get a divorce in Idaho, the filing spouse is required to have lived in the state for six weeks.
Divorce in Boise, Idaho Contested Divorce
A contested divorce simply means that the defendant does not agree with some or all of the divorce petition that has been served.
A contested divorce is likely to take longer as each contested issue will require an individual hearing. In addition, the remaining issues will be taken to trial with a Judge where evidence will be examined, and any witnesses that are required.
A skilled Idaho divorce attorney will prove invaluable under these circumstances as they will be able to support meditation with your spouse before having to attend court.
Uncontested Divorce
An uncontested divorce, also referred to as ‘divorce by stipulation’, is a situation in which both divorcing parties agree on the projected outcomes surrounding the end of their marriage.
This type of divorce is often much quicker as the need for a judge is omitted.
Under these circumstances, some couples decide to use online divorce services which eliminate court approval.
Whilst the idea of a quick, ‘do it yourself’ divorce may seem appealing, it is always best to ensure you have the support and expertise of a specialist to ensure that your rights are protected throughout the entirety of the process and that any decisions made, are in the best interest of you and your family. Once a divorce has been finalized, it can be very difficult to get it changed.
At-Fault Divorce
A no-fault divorce allows a divorcing couple to state irreconcilable differences as the reason for the termination of the marriage and you do not need to provide a reason for the divorce. If you are in a situation where you and your spouse cannot come to this agreement, you may be looking at an at-fault divorce.
Both no-fault and at-fault divorces are viable under Idaho divorce laws. However, with a fault-based divorce, you are required to provide evidence of your alleged grounds for divorce to the Judge. If you cannot prove your spouse’s misconduct, your case may be dismissed by the Idaho courts due to a lack of evidence.
Your divorce attorney will prove invaluable here, as they will support you in compiling sufficient evidence to support you in proving the culpability of your spouse.
What is the Difference Between At-Fault and No-Fault Divorces in Idaho?
No-Fault Divorce
At-Fault Divorce
Justifications for an at-fault-based divorce in Idaho include:
Extreme Cruelty
Habitual Intemperance
Conviction of a Felony-Level Crime
If one spouse has a felony conviction the other spouse can file for divorce. It is important to remember that a criminal conviction will not speed up divorce proceedings.
Adultery
You may file for divorce if your spouse has been unfaithful or betrayed the agreed terms within the relationship.
Willful Desertion
The willful abandonment of the marriage. If in the weeks preceding the divorce, one spouse abandons their responsibilities to both the marriage and the family for at least one year, this could be sufficient grounds for divorce.
Permanent Insanity
You are entitled to spousal support from the state if your spouse is sent to a mental institution.
Divorce By Default
In Idaho, a “divorce by default” refers to a situation whereby the respondent, having been served divorce papers, does not respond within the 20-day period for responding.
When the 20-day period has elapsed, the petitioner (the spouse serving divorce papers) is able to compile any evidence or documents necessary to finalize the divorce.
Dividing Marital Property
Financial Support and Maintenance
When there are children involved in a divorce, matters only become more complicated.
In Idaho, the court will always want to ensure that any children involved are protected as much as possible. As a result, alimony and child support may be enforced by the courts. Many factors will be considered when decisions regarding financial support are being made. These include the financial resources of the spouse seeking spousal support, the financial income of both parents, and the length of the marriage itself. In Idaho, child support will be ordered based on each parent’s current income, and there is a minimum of $50 imposed by Idaho state. However, child maintenance is not only based on the paying parent’s earnings. Rather, the courts will look at the combined earnings of both parents.
Child Support and Child Custody
Divorce can be especially challenging if you have minor children. You may be more likely to disagree with your spouse on issues regarding child support and child custody. In this case, an Idaho divorce attorney can be a useful mediator to ensure that the physical and emotional well-being of children is always of paramount importance.
You will need to decide which parent has “physical custody”, which refers to where the child will primarily live. If an agreement between the parents cannot be decided upon, the child support guidelines will be consulted by the courts, and the following questions will be examined:
- What are the wishes of each parent for child custody and their projected parenting plans?
- What is the mental and physical health status of both parents?
- Does one parent have plans to live in another location at any point in the near future?
- Is there a history of abuse between the family or has abuse been directed toward the children at any point?
- How old are the children and, if they are older, what are their desired living arrangements?
- What financial resources do both parents have access to?
- What is the relationship like between the parents, children, siblings and any other members of the extended family?
- Which parent’s proposed arrangement will best suit the needs of the children and their future stability?
- Which proposed plan will have the least impact on the children’s current home, community, and schooling?
What is Required for Divorce in Boise Idaho? FAQ Do you have to be separated before divorce in Idaho?
Is there a difference between divorce and legal separation?
Yes, there is. Separation, whilst similar to divorce, means that by the end of the process, you are still legally married.
A divorce is when one spouse files a petition to legally end the marriage. During this process, spouses will need to navigate and agree on major aspects of their marriage including child support, spousal maintenance, child custody, marital property, and asset division.
A legal separation, however, still requires a legal process in which couples must decide on divorce-related matters without legally divorcing. This type of arrangement allows individuals to live as though they were not married and therefore able to create or terminate contracts and buy and sell property in their own name.
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?
The residency requirement for divorce petitions is six weeks – you or your spouse must have lived in Idaho for at least this period of time prior to filing for divorce.
If you meet Idaho residency requirements and your spouse lives outside of Idaho, you are able to file for divorce in any county.