Divorce in Idaho

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

  • Modification of Court Orders

    Residency Requirements and Grounds for Divorce

    Either you or your spouse must be a resident of Idaho for at least six weeks prior to filing for a divorce. The legal divorce process begins when one spouse files for a divorce in the county where the other spouse lives. If the other spouse lives in another state, the filing spouse must file in the county where the filing spouse resides.

    A divorce may be granted for any of the following reasons:

    • Adultery
    • Extreme cruelty
    • Willful desertion
    • Willful neglect
    • Habitual drunkenness
    • Conviction of a felony
    • Spouse is permanently insane
    • Irreconcilable differences

    Dividing the Property

    Idaho is a "community property" state, which means that any property acquired during your marriage is treated as being owned by both you and your spouse. The courts try to divide the community property equally unless there are compelling reasons not to divide the property so that the value is equal.

    The court will consider the following factors when deciding if the division of community property should be equal:

    • Duration of the marriage
    • Any antenuptial agreement of the spouses
    • The age, health, occupation, amount and source of income, vocational skills, employability and liabilities of each spouse
    • The needs of each spouse
    • Whether the apportionment is in lieu of or in addition to maintenance
    • The present and potential earning capability of each spouse
    • Retirement benefits

    A spouse's "separate property," which is property acquired before the marriage and property acquired by gift or inheritance, is awarded to that spouse.

    Property that is considered "separate property:"

    • Assets you had before you married if you kept that property separated from property acquired during the marriage
    • The income produced by a separate property investment as long as it hasn't been "commingled" - mixed together with marital property
    • Property you inherit from your family during your marriage if it was willed exclusively to you and you did not commingle it with marital property during the marriage

    You and your spouse may have a written agreement that indicates how matters should be handled if the marriage ends. The separation agreement is a contract listing and describing the spouses' decisions about ownership of real estate, dividing property, financial support and, if children are involved, even issues of custody and parenting time.

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see an Idaho divorce lawyer can save you a lot of time and money.

    Alimony

    A court may order alimony, also called maintenance, if it finds that the spouse seeking maintenance lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through employment.

    In deciding the amount and duration of maintenance, a court will generally consider such factors as:

    • The financial resources of the spouse seeking maintenance
    • The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment
    • The length of the marriage
    • The age and physical and emotional condition of the spouse seeking maintenance
    • The ability of the spouse from whom maintenance is sought to meet his or her own needs while meeting those of the spouse seeking maintenance
    • Tax consequences to either spouse
    • The fault of either spouse

    A court can order temporary maintenance while the divorce is pending. Most maintenance is ordered for a specific length of time.

    Child Custody and Visitation

    In Idaho, the court will make child custody decisions based upon what is in the best interests of the child. In making the custody determination, the court will consider all relevant factors, which may include:

    • The wishes of the child's parent or parents as to his or her custody
    • The wishes of the child as to his or her custody
    • The interaction and interrelationship of the child with his or her parent or parents and siblings
    • The child's adjustment to his or her home, school and community
    • The character and circumstances of all individuals involved
    • The need to promote continuity and stability in the life of the child
    • Any domestic violence

    The court may order temporary child support while the divorce is pending. Visitation is generally set by the court for a noncustodial parent if both parents cannot agree on a visitation schedule. Where the court is left to set visitation, it is normally scheduled as every other weekend, one night per week, and alternating holidays and school vacations, including summer vacations.

    Child Support

    In Idaho, a court may order either or both parents to pay an amount reasonable or necessary for child support and education until the child is 18 years of age, without regard to marital misconduct. The court must first consider all relevant factors, which may include the following:

    • Financial resources of the child
    • Financial resources, needs and obligations of both the custodial parent and the noncustodial parent
    • Standard of living the child enjoyed during the marriage
    • Physical and emotional condition and needs of the child and his or her educational needs
    • Availability of medical coverage for the child at a reasonable cost
    • Actual tax benefit recognized by the parent claiming the federal child dependency exemption

    A court may order the continuation of support payments until a child graduates from high school or turns 19 years old, whichever is sooner.

    Modification of Court Orders

    The court may grant a modification of child custody, visitation or child support if there has been a substantial and material change in your circumstances and if it is in the best interest of your minor child to do so. However, if there has only been a brief period of time since the entry of the last order, or if the child has not lived in Idaho for at least six months, the court may not grant your motion unless there was a clerical mistake in the earlier order or if an emergency exists.

    Related Web Links:
    - Idaho State Judiciary
    - Idaho Family Law Forms
    - Idaho Domestic Relations
    - Idaho Child Support Reference Guide
    - Idaho Child Support Services
    - Idaho State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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