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

Kuna Divorce Attorney

Kuna is a city in Ada County, Idaho, and is part of the Boise City Metropolitan Statistical area with a population of about 15,200 as of the 2010 census. Kuna has the distinction of being one of the fastest-growing areas in Idaho, having nearly tripled in population between 2000 and 2010. The first weekend in August brings the annual celebration known as Kuna Days, full of festivities, vendors in the park, live music, a kid’s carnival, rubber duck races in Indian Creek, and a BBQ fundraiser, parade, fireworks, and street dance. 

The Snake River Birds of Prey Festival is held each year in mid-May, which takes advantage of the nearby Morley Nelson Snake River Birds of Prey National Conservation Area. In the center of Kuna is the Colonel Bernard Fisher Veteran’s Memorial Park, named after Bernard Fisher, who was awarded the medal of honor. Kuna is also home to Robin Fontes, Army Major General and the highest-ranking woman in Afghanistan. Couples will enjoy Indian Creek Winery, Dedication Point, Willows Edge Farm, and Vizcaya Winery. 

Although Idaho consistently ranks among the top ten states with the highest number of divorces, Kuna did not make the top ten cities in Idaho with the highest number of divorces. The Health and Welfare Department of Idaho reports the age of the oldest groom in Idaho as 90 and the age of the oldest bride as 88. The day the most marriages occurred in the state of Idaho was on August 18, 2018 (355 marriages). If you find yourself in the unfortunate position of seeking a divorce in Kuna, the following information could help you through this difficult time. 

Getting a Divorce in Kuna, Idaho

Although the residency requirements for divorce vary from state to state, in most states it is at least six months or longer. Idaho is unique in that the residency requirements for filing for divorce are only six weeks. This means that one spouse must have lived in the state for at least six weeks. The divorce may be filed in the county in which either spouse resides at the time of the filing. You are required to provide proof that you lived in the state for at least the past six weeks, and if you are the spouse filing the divorce complaint, you are signing a statement swearing you have lived in Idaho for six weeks prior to filing for divorce. 

Most states now offer some form of no-fault divorce. Your Kuna Divorce Attorney can help choose the best choice. If you choose to file a no-fault divorce, you are only required to state there are irreconcilable differences in your marriage, with no hope of reconciliation. You can also claim fault in your divorce. While claiming a fault might make you feel better, in truth, it is unlikely to make a difference in the outcome of the divorce and may only cause further hard feelings. If you do choose to file a fault-based divorce you should be aware that you must prove any allegations of fault. In the state of Idaho, the following “faults” are allowed:

  • Extreme cruelty on the part of one spouse
  • 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 or drug abuse 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.

How Will Your Kuna, Idaho Assets Be Divided?

One of the most contentious parts of a divorce—aside from child custody—is the division of assets. Your Kuna Divorce Attorney will discuss this issue in detail at your strategy session. The state of Idaho—along with eight other states—still operates under community property law, which divides assets and debts exactly in half. Other states use the equitable distribution model, which divides assets fairly but not necessarily equally. Spouses who agree on asset division can divide up the property on their own. Those with a pre-nuptial or post-nuptial agreement will follow the dictates in that document. Others will have their assets divided by a judge who will first determine which assets are marital and which are separate. Separate assets—those brought into the marriage or obtained as a gift or inheritance during the marriage—are taken off the table, then the marital assets are divided 50/50.

Alimony in Your Kuna Divorce

When a spouse is unable to support himself or herself, the court could award permanent or temporary alimony. Your Kuna Divorce Attorney will analyze the situation and let you know if this is an option. The factors considered by a judge in the determination of 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

Even if one spouse is entitled to alimony, if the other spouse is unable to pay alimony it becomes a moot point. Alimony may be awarded on a temporary basis, to help one spouse get through the divorce, short-term, for a spouse seeking education or job skills to earn a better living, or permanently for the spouse who has significant needs and is unable to support himself or herself. 

Our Kuna, Idaho Divorce Lawyers Can Help

If you are going through a divorce, it may be difficult for you to fully consider how the decisions you make right now could affect the rest of your life. Having a strong Kuna divorce attorney in your corner allows you to take the time you need to grieve your marriage and make decisions for your future, while your attorney ensures you are not taken advantage of. 

Our resident divorce lawyer - Joseph Frick, is here to help. We serve primarily in:

We're also proud to serve families throughout Kuna 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.