Does it Matter Who Files for Divorce First in Boise, Idaho?
Files for Divorce First in Boise
Together with your attorney, if you file first, you can begin to plan out and prepare for your divorce strategy, including gathering evidence of your spouse’s at-fault behavior, for example.
Other advantages include allowing you to set the tone of the divorce and giving you the first opportunity to ask for temporary orders.
The outcome of your divorce will have a large impact on the rest of your life, whether that includes the arrangements for custody of your children, or the financial implications of an inadequate settlement. If you are considering a divorce, a divorce lawyer can advise you on how best to protect your interests and whether filing first will benefit you.
The attorneys at Idaho Divorce Law Firm are skilled and experienced when it comes to divorces. Our experienced Boise divorce attorneys can advise you of the best approach and strategy for you, and represent your best interests throughout the entire process.
Contact us at (208) 295-0304 for a consultation to understand how we can guide you through your divorce case.
As such, making the first move and filing first for divorce can be advantageous and allow you to get ahead in the divorce process and plan for the outcome that you want. Together with your attorney, if you file first, you can begin to plan out and prepare for your divorce strategy, including gathering evidence of your spouse’s at-fault behavior, for example.
Other advantages include allowing you to set the tone of the divorce and giving you the first opportunity to ask for temporary orders.
The Benefits of Filing for Divorce First
Preparing for Your Divorce Strategy
Alleging Fault
Separation Date
Choosing the Location to File for Divorce
Choosing When to Speak at Hearings
Temporary Orders
The Idaho Divorce Process
Divorce by Default
Annulment
What are the Divorce Grounds in Boise, Idaho?
What is the Difference Between At-Fault and No-Fault Divorces in Idaho?
No-Fault Divorce
At-Fault Divorce
Extreme Cruelty
Adultery
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
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
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.
Convictions
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
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.
Permanent Insanity
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
Spousal Support
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.
Contact Idaho Divorce Law Firm Boise Attorneys Today
At Idaho Divorce Law Firm, we are committed to defending the rights of our clients, ensuring that you receive the best possible settlement for the future of both you and your family. A divorce is a challenging and emotional time, of which the impacts of the final outcome cannot be overstated. If you are considering a divorce in Idaho, you do not need to handle this alone. Contact our Boise Attorneys today at 208-314-3302 for a consultation and allow us to use our expertise to help you and your family.