Does it Matter Who Files for Divorce First in Boise, Idaho?
Files for Divorce First in Boise
The Benefits of Filing for Divorce First
Preparing for Your Divorce Strategy
Choosing the Location to File for Divorce
Choosing When to Speak at Hearings
The Idaho Divorce Process
Divorce by Default
What are the Divorce Grounds in Boise, Idaho?
What is the Difference Between At-Fault and No-Fault Divorces in Idaho?
Adultery is considered when one spouse cheats on the other spouse. If you are able to prove that your spouse has committed infidelity outside of the marital relationship, then you may have grounds for a fault-based divorce. To be claimed as grounds for divorce in Idaho, the adultery must have taken place within 2 years of filing.
Willful neglect is demonstrated when a spouse has refused to provide the filing spouse with financial support and necessities for both the spouse and the couple’s minor children for at least one year, when they have the ability to do so.
Willful desertion is classified as when one spouse willingly abandons the other spouse and their children within the marriage without their consent. The abandoning spouse must also have the intent to abandon all legal obligations to the spouse and any children for at least 1 year. Leaving the marital home for a military deployment, for example, would not be considered willful desertion.
If a spouse has been convicted of a felony-level crime then this can be grounds to file for an at-fault divorce. This is not the case if the spouse has been legally pardoned.
Habitual intemperance refers to the neglect of a spouse’s responsibilities as a result of habitual intoxication from either drugs or alcohol for at least one year. This can also be considered when your spouse’s continued intoxication causes you great mental suffering.
To file for divorce under the grounds of permanent insanity, a spouse must have been confined to a mental institution for at least three years before filing, and the Judge must believe that they will not be considered sane again.
When Does Fault Matter in a Divorce?
If either spouse is proven to be at fault for the breakdown of the marriage, then the court may take this into account when deciding upon the final settlement and divorce terms. The judge is not obliged to consider either party’s fault, however, depending on the severity and nature of the wrongdoing, it can impact the division of property, child custody and spousal support.
Division of Property
There is no set formula in Idaho to determine spousal support or spousal maintenance payments. If maintenance is awarded, the court will consider all relevant factors to determine the amount and duration of payments. These factors include, but are not exclusive to, the financial resources of the spouse seeking support; the division of marital property; the age and emotional and physical condition of the requesting spouse; the requesting spouse’s ability to meet their needs independently; and whether either party is at fault for the end of the marriage.
If one spouse is at fault, then the Judge may decide to award punitive spousal support, depending on the level of wrongdoing that has been proven to the court. This would increase the overall amount of spousal maintenance paid by the at-fault party.
How Long will my Divorce Take to be Finalized?
Filing a non-contested joint petition for divorce is likely to be the fastest route to getting your divorce finalized. However, typically, couples do not agree on divorce terms, and contested divorces can take longer to complete, depending on the couple’s ability to reach an agreement.
Uncontested divorces are the ideal situation and can be completed within months. However contested divorces, which are far more common, are likely to take around a year or more to complete.
Do I Need an Attorney for Divorce in Idaho?
Divorce laws vary depending on the route and approach that is right for your circumstances. Although some divorce options may seem simpler than others, it is essential that your rights are protected regardless of the route you choose. A divorce attorney will protect the rights of you and your family throughout the entire process. They will also gather evidence to support your arguments and achieve a fair settlement while defending you against any allegations that may arise.
Your divorce attorney will always represent you and your best interests during the divorce mediation process and if necessary, they will fight your case in court.