Divorce in Idaho
If you are looking for a divorce attorney, you have come to the right place. In a divorce, you may have many questions about what happens. Divorce affects all aspects of your life: Where will you live? How will the bills get paid? How will your children be affected? We will give you the information and advice you need to make decisions during the divorce process.
Grounds for Divorce
Idaho has provisions for divorcing that are based both on fault and no fault. Irreconcilable differences is the most common basis of divorce and is a no fault basis for divorce. Other basis of divorce, which must be affirmatively proven in the divorce are adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony and insanity.
Idaho is a community property state. This means that any property or debt that was acquired during the marriage is the property of both spouses. Any property acquired before marriage or by gift, bequest or is inherited is considered separate property. Separate property can become community property when it is transmuted, or gifted to the marital community, or co-mingled to the extent that its separate character is lost.
In Idaho, there is a basis for seeking spousal support. It is not routinely awarded but can be sought in certain circumstances where a person lacks sufficient property to provide for their reasonable needs and is unable to support themselves through employment. Judges look at several factors when determining spousal support.
Child Custody and Support
In a divorce, who will be caring for the children and making important decisions on their behalf is one of the most difficult issues facing divorcing couples. What is in the best interest of the children when the parents can’t agree is often difficult to determine and is based on many different factors. Click here for additional information on custody and support issues.