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Caldwell Divorce Lawyer
Idaho Family Law Attorneys
The decision to hire professional legal counsel for your legal proceedings is not something to take lightly. Your Caldwell Divorce Lawyer will be handling every aspect of your divorce case including:
- The division of your marital property or marital assets (and determining what is considered marital property)
- child custody
- child support
- Spousal support (aka alimony)
- related practice areas that may come into play including adoption proceedings, criminal defense, personal injury, bankruptcy, etc.
- custody rights
How Long Do You Have to Live in Caldwell Before Filing for Divorce in Idaho?
Unlike most states that have a residency requirement of six months or more before you can file for divorce, in the state of Idaho one spouse must have been a resident of Idaho for only six weeks preceding the commencement of the divorce actions.
An Idaho divorce must be filed in the county in which either the husband or wife resides. To prove you have been living in Idaho for at least six weeks, you must sign a statement swearing you have lived in the state for at least six weeks. Military service members do not necessarily need to be living in Idaho immediately prior to filing for divorce so long as Idaho is their home of record.
Grounds for Divorce
While some states allow only for a no-fault divorce, the state of Idaho offers either a no-fault or a fault-based divorce.
No Fault Divorce
No-fault divorce means you are not required to provide a reason for the divorce, other than irreconcilable differences; you are stating your marriage is broken and cannot be fixed.
Fault Divorce
There are pros and cons to filing for a fault divorce. One con is that if you allege a ground or fault, you have to put on additional evidence to prove that ground.
One other thing to consider when you are going through your legal proceedings is that a fault divorce may or may not affect the division of marital assets. Generally speaking, fault will not affect the division of marital property. However, it can and you should definitely talk to your divorce attorney about your specific situation if you want more than 50% of the assets.
However, fault may come into play more if child custody is at issue as the court can take into account the parents’ character when determining who should get the kids and what the child custody schedule will look like at the end of the day.
So, it may be more expensive. However, your Caldwell divorce lawyer will walk you through the facts of your case and explain what the best strategy is moving forward. If you choose to file a fault-based divorce, the state allows the following grounds:
Grounds for Divorce
Extreme cruelty
Willful desertion (one spouse lived apart from the other for more than one year, with the intention of abandoning the marriage).
Adultery
A felony conviction on the part of one spouse
The spouses have been separated and have lived apart for at least five continuous years.
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).
Division of Assets?
The state of Idaho is one of only nine states that still operate under community property laws. Under community property, marital assets are divided right down the middle—50/50 unless there are compelling reasons to give one party more than 1/2. Other states use the law of equitable distribution, which means assets may not be divided equally, but they are divided fairly, based on a number of factors.
If you and your spouse are unable to divide your marital assets, then a judge will do so after determining which assets are marital assets and which are separate assets, he or she will divide those assets down equally. If you or your spouse acquired a gift or inheritance during the marriage, that gift or inheritance is considered separate property, so long as it was not commingled with marital property.
However, there are situations where one party may get more of the property than the other. Typically, this happens when one spouse has not been working and the other spouse has been the primary income earner during the marriage. It can also happen when one spouse wastes money or assets. Your Caldwell divorce lawyer will be able to pinpoint whether or not those factors exist to get you more of the community property at the end of the day.
Spousal Support
There is no set formula for alimony or spousal support in the state of Idaho, rather, the courts have wide discretion in making a determination for alimony. Temporary alimony may be awarded when one spouse needs support to pay for necessities during the time when the divorce is filed, and when the divorce is final. Short-term alimony could be awarded when the spouse seeking support wants to obtain job skills or education to earn a better living. Permanent alimony is sometimes awarded when the spouse seeking support is unable to support himself or herself after the marriage is over and has significant needs. Idaho judges look at the following factors when making a determination of alimony:
The age of the spouse seeking support
The length of the marriage
The physical and emotional health of the spouse seeking support
The earning potential of the spouse seeking support
The ability of the paying spouse to pay spousal support
It is important that you have an Idaho divorce lawyer in your corner from the time you decide to file. Your Caldwell divorce family lawyer can ensure you do not have a disadvantage during negotiations or litigation. No matter the issue in your divorce, an experienced, highly skilled divorce and family lawyer can ensure you are not taken advantage of, and that you get what you are entitled to during the divorce.
At Idaho Divorce Law Firm, we can help you through the divorce process. We offer initial consultations, so you can explore all your legal options. We serve primarily in the following cities:
We are proud to serve clients throughout Caldwell, and surrounding cities in Idaho such as: