Eagle Divorce Lawyer
Idaho Family Law Attorneys
Hiring a divorce lawyer for your family law matters may be one of the most important decisions you may make in your life as a family law attorney will help decide some important decision for your future, including, but not limited to:
- Child Custody
- Child Support
- Spousal Support (aka alimony)
- Whether you should file a fault or no fault divorce
How We Can Help
We have helped hundreds if not thousands of people get through their family law cases. We understand all of the ins and outs of the court process so that you can rest assured that nothing is slipping through the family law cracks.
You don’t need a lawyer that just attended law school. You need a skilled divorce lawyer that has been in the trenches and has seen it all. Whether the fight is over child custody, child support, or spousal maintenance, we know what it takes to get the jobs done. Our experienced family law attorney will be by your side through he entire case.
Filing for Divorce in Eagle, Idaho
If you happen to be looking for a state that has an unusually short residence requirement for those seeking a divorce, Idaho is your state. The residency requirement for those living in Idaho is a mere six weeks.
This means either you or your spouse must have lived in the state of Idaho for a minimum of six weeks. You will have to provide proof you have lived in the state for at least the last six weeks, and if you file the divorce complaint you will sign a statement swearing you have lived in the state for six weeks prior to filing for divorce. Your divorce attorney will be able to help determine if you meet the residency requirement to file for divorce in Eagle Idaho.
Should You File Your Divorce Under No-Fault or Fault-Based Idaho Law?
Idaho law allows for both a no-fault or a fault-based divorce. A no-fault divorce means you do not have to provide a reason for the divorce, rather you can simply say your marriage is over due to irreconcilable differences.
If you choose to file a fault-based divorce, Idaho allows the following grounds:
- Extreme cruelty
- Willful desertion (one spouse lived apart from the other for more than one year, with the intention of abandoning the marriage).
- A felony conviction on the part of one spouse
- Habitual drunkenness 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.
Division of Assets and Debts During Your Eagle Divorce?
If you are in the middle of an Idaho divorce, the division of marital assets and debts could be a major issue.
Community Property State
There are nine states, including Idaho, that operate under community property laws, meaning all marital assets are divided 50/50, regardless of any extenuating circumstances. The other states in the nation operate under equitable distribution laws, meaning the marital assets may not be split right down the middle, rather they will be split fairly.
This is an advantage for spouses who gave up education or career to help the other spouse gain a professional degree because they are compensated for that. In a community property state, it is unlikely the same spouse would be compensated for helping the other. Community property laws could work to your advantage, however, by dividing the assets in half, even if your financial contributions to the marriage were minor. The judge will determine which assets are marital, and which are separate; any gift or inheritance acquired during the marriage is separate property so long as it was not commingled with marital property.
Child Custody In Idaho
- If there are children involved and both parents have to make a decision on child custody, the case can get pretty complicated and nasty.
When a court is deciding child custody, both legal and physical, the court will look at what is in the best interests of the children. Idaho has a statute that provides the court with a non-exclusive list of factors that the judge in your family law case will review.
Best Interest Factors for Child Custody
The factors that the court will look at for child custody are:
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 custodian; The interaction and interrelationship of the child with his or her parent or parents, and his or her 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; and Domestic violence
Are You Entitled to Alimony?
If you are unable to support yourself, the court could award permanent alimony, however, the judge will look at a number of factors prior to awarding alimony, including:
- Your age
- The length of your marriage
- Your physical and emotional health
- Your earning potential
- The ability of your spouse to pay alimony
Even if you are entitled to alimony, if your spouse is unable to pay, you may not receive it. Judges usually award temporary alimony to help one spouse get through the divorce financially, short-term alimony to the spouse seeking an education or job skills, and permanent alimony when the spouse seeking support has significant needs and is unable to support himself or herself.
Call Our Divorce Attorney in Eagle, Idaho
When you are in the middle of a divorce, it can be a very emotional time. Even if you wanted the divorce, you are ending a chapter in your life, and the future can look pretty daunting. You need the time to feel what you feel and make decisions about your life after your marriage is over. You also need someone you trust to look out for your financial future, making sure you get what you deserve out of the marital assets, and on issues such as custody.
Having a highly-skilled Eagle divorce and family attorney in your corner is an invaluable resource that almost guarantees a better outcome for your divorce. We at Idaho Divorce Law Firm is here to help. We serve primarily in: