Idaho Falls Divorce Lawyer | Idaho Divorce Law Firm | Family Attorney

Idaho Falls Divorce Attorney

Located in Bonneville County in Southeast Idaho, Idaho Falls was voted as one of the best places to live in 2019 (source: Livability). Located on the Snake River, and surrounded by the Rocky Mountains, Idaho Falls draws families and couples to its year-round outdoor adventures. Not only is the western edge of Yellowstone National Park in Idaho, so are the Grand Teton National Parks. The median household income in Idaho Falls is about $50,514, with the median home value at $179,488. Almost 89 percent of Idaho Falls families have health insurance—the city is known for being “healthy, with a high percentage of joggers (12.5 percent), and nearly a quarter of all households regularly buy organic foods.  
Despite its beauty and many activities for families, according to Roadsnacks.net, Idaho Falls made the list for the ten cities in Idaho with the highest divorce rates (Idaho Falls is number 5).

When compared with other states, Idaho has the fourth-highest rate of divorce in the United States (Following Nevada, Oklahoma, and Wyoming). Getting a divorce can be complex; even if you believe you have filed the necessary paperwork, consulting with an experienced Idaho Falls divorce lawyer is always the best course of action to ensure the best outcome possible. 

Residency Requirements in Idaho Falls

If you are looking for a state with short residency requirements for a divorce, Idaho is that state. The residency requirement is only six weeks—either you or your spouse must have lived in the state for at least that length of time prior to filing for divorce. If you have met the residency requirement, then the spouse filing for divorce (the Petitioner) is required to state a reason he or she is seeking a divorce.   

Is Idaho a No-Fault State?

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)
  • Adultery
  • 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 lived apart for at least five continuous years

Is Idaho a Community Property or Equitable Distribution State?

If you are in the midst of an Idaho Falls divorce, you may wonder how you will divide marital property and debts. A handful of states—including Idaho—operate under community property laws, while most states have gone to the equitable distribution method of dividing marital assets and debts. Under community property laws, everything acquired during the marriage is split exactly down the middle. Equitable division divides property equally—but not necessarily 50/50. 

If you are able to agree with your spouse on the division of your marital properties and debts, then you are probably ahead of the game. Otherwise, a judge will make those decisions for you. If a judge decides how your property will be divided, he or she will first determine what property is marital property and what is separate property. The judge will then determine values for marital property, then will decide how to divide the property. Property one spouse owned alone prior to the marriage or acquired as a gift or inheritance during the marriage is considered separate property, so long as a gift or inheritance was not commingled with marital property.

What is Fair Amount of Spousal Support in Idaho Divorce?

If one spouse is unable to support himself or herself, the court may decide to award permanent support or fixed support. The factors a judge will look at when determining spousal support or alimony include:

  • 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

Since there is no set formula for alimony in the state of Idaho, the Idaho Falls courts have wide discretion.

Why You Need an Idaho Falls Divorce Lawyer

Do not attempt to handle your divorce on your own. Without legal representation, you may spend more time and money than you need to. Let us get it right the first time. We at Idaho Divorce Law Firm are dedicated in providing excellent legal representation for your case. We serve primarily in:

We're also proud to serve clients throughout Idaho Falls and surrounding Idaho suburbs such as:

Our law firm is here to help you. Call our Meridian office today at 208-900 6440 or Boise number at 208-900-6313 for a free consultation.