MOUNTAIN HOME DIVORCE LAWYER
Finding yourself facing a divorce can be a tense, stressful and highly emotional experience, particularly in situations where the situation is not amicable. Whether you are filing for divorce, or have been served papers by your spouse, it is critical that you have a reliable, experienced legal professional on your side, to help ensure the best possible outcome for you and your family.
WHAT ARE THE GROUNDS FOR DIVORCE?
There are two main options when it comes to filing for divorce: fault-based, or no-fault based. This will be the first consideration when it comes to getting your divorce started and will determine the path your case takes.
No-fault divorces are common, and the reason is typically “irreconcilable differences”. This means that nothing needs to be proven, and no one needs to be blamed – this is a good option for couples who are amicable and want a fast, painless arrangement. A no-fault divorce can also be granted if spouses have been living apart for at least five years.
If you file for fault-based grounds for divorce, you are implying that the misconduct of your spouse resulted in the termination of your marriage. In order to be recognized as valid, the plaintiff must prove the grounds before the court. Fault-based grounds include:
- Adultery- your spouse has sex with another person after you are married.
- Extreme cruelty – your spouse causes you serious physical injury, or extreme mental suffering.
- Serious physical or mental harm
- Willful neglect – a husband refuses to provide financial support, even if he is able to do so for a minimum of one year
- Willful desertion – your spouse leaves the marriage, and has no plan of returning for at least one year
- Felony conviction – if your spouse if convicted of a felony during the marriage, you will have grounds for divorce
- Habitual intemperance – if, for at least one year, your spouse id so drink that they are unable to carry out normal activities, and/or the drunkenness causes great mental suffering
- Insanity – defined as the confinement within a psychiatric facility for at least three years before filing for divorce, and a judge rule that they will never be sane again
How Do I Get a Divorce?
In order to file for divorce in Idaho, you are legally required to have been living in the state for a minimum of one month prior to filing the papers. If this is not the case, the courts will not be considered to have jurisdiction over the divorce proceedings.
Provided that you meet the residency criteria, there are a number of steps to follow in order to kick off divorce proceedings.
Divorce proceedings are initiated by completing paperwork and submitting documents to the court. Note that you will need to complete a slightly different form if there are children involved. Copies of these documents are then made and taken to court.
NOTIFY THE OTHER PARTY AND RESPONSE
Once the paperwork has been filed and copied appropriately, the other spouse will be sent notice of pending divorce, as well as a copy of all necessary paperwork -this can be done in person, via a third-party service or, if the spouse cannot be located, by publishing the documents in a newspaper local to the spouses believed whereabouts. The other spouse will have to respond within 21 days, and copies of this are made and sent to the other party. Both participants must also disclose financial information, and complete paperwork related to child support.
ATTEND PARENTING CLASSES
If a minor is involved, the law requires both parents to attend a parenting workshop to help them manage their children’s needs and navigate them through the divorce proceedings.
AGREEMENT AND SUBMISSION
Here, the couple will need to reach a mutual agreement on parental rights, dividing their assets and alimony payments – this can be done amicably between the pair or, if this is not possible, a mediator can be involved. At this point, documentation must also be submitted to the court.
Once all of the necessary paperwork has been received, the judge will make the decision to approve or deny the divorce. If e divorce is granted, both partners will receive a Decree of Divorce, and the divorce is finalized. If there are outstanding issues, a hearing may be called in court.
HOW WE CAN HELP
Divorce is a sensitive, painful topic, and navigating the system can be tricky. Our experienced team have a strong background in tackling divorce cases and proceedings and will be on side every step of the way to help ensure that you have access to the support and guidance you need. Together we will work out way through each stage and ensure that you can guarantee the best possible outcome for both you and your family, even in a difficult situation.