Twin Falls Divorce Lawyer
Idaho Family Law Attorney
How Long Do You Have To Be In Twin Falls ID Before Filing
Many states have a residency requirement of six months or longer
However, Idaho is unique in this instance, requiring only a six-week residency period.
Where do you file the case?
The divorce will generally have to be filed in the county where the opposing party resides. If you have not met the six-week residency requirement, you must establish residency in the state, have your spouse file if he or she meets the residency requirements, or choose another state in which you do meet the residency requirements.
You will be required to provide proof that you or your spouse has lived in the state for at least the last six weeks. If you are a member of the military service, and Idaho is your home of record, you may not need to be living in the state immediately prior to filing for divorce.
Is the State of Idaho a No-Fault State?
In the state of Idaho, you can either claim irreconcilable differences and file a no-fault divorce, or you can file a fault-based divorce. Getting legal assistance from an experienced divorce lawyer for family law matters is of utmost importance even if you are facing an uncontested divorce so that you know your legal rights. Divorce is a difficult time for all parties involved even if you are just fighting over the marital property and no children are involved.
If you claim fault, you should be aware that in most cases, it will have little bearing on division of assets or other aspects of divorce—and that you have to back up any claim of fault with facts. In regards to the division of assets, the decision that the court will make mainly bears on the financial condition of both spouses. That being said, the ground doesn’t always come into play – but it can.
Grounds for Divorce
If you choose to file a divorce based on fault, the following are the faults allowed under Idaho divorce law:
- Extreme cruelty
- Willful desertion (one spouse lived apart from the other for more than one year, with the intention of abandoning the marriage).
- 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 have lived apart for at least five continuous years.
Dividing Your Twin Falls, Idaho Assets and Debts
If you are unable to agree with your spouse on how your assets and debts will be divided, an Idaho judge will do that for you.
Your Twin Falls Divorce Lawyer will help you present the evidence in the light most favorable to you. Idaho is a community property state, meaning your marital assets and debts will be divided right down the middle after all separate property is taken out of the equation.
There are only nine states left that still operate under community property laws. Other states have equitable distribution divorce laws, meaning assets are divided fairly, although not necessarily 50/50. I
f you or your spouse received a gift or inheritance during the marriage, those are your separate property, unless they have been commingled with marital assets or you have a prenuptial agreement that says otherwise.
Getting a Divorce in Twin Falls, Idaho
The time frame to get divorced in Idaho depends largely on how contentious the case is. It will also depend on which divorce attorney you choose. Divorce proceedings are complicated and the family law that has to be applied is long and convoluted.
If you and your spouse are fighting over every little thing, it is going to take much longer than if you agree on everything.
If you and your spouse agree on everything (assets, debts, kids, child support), then the case can get completed within a month.
However, if you are fighting on everything inlcuding the kitchen sink, it can take over a year.
When children are involved in your divorce, things automatically get more complicated. Generally speaking, a divorce case with children will take around 8 to 18 months to complete. The child custody and child support portion of the case is one of the main things that make a case more complicated. An experienced divorce lawyer will be able to help you through the child custody portion of the divorce proceeding.
Children In The Case
One of the main myths that we hear all the time is that once a child reaches a certain age, then they get to pick which parent to live with.
The child’s wishes is one of the factors that the court will review and take into consideration when they make a determination of who gets the kids and when.
But, it is not the be all end all of the factors. It is just one factor.
Moreover, the younger the child is the less the child’s wishes get taken into account.
Will Spousal Support Come Into Play
Generally speaking, spousal support (aka alimony) will come into play in divorce proceedings in the rare case. Idaho family law will dictate whether one party will be ordered to pay spousal support.
The Test for Alimony
When a court is determining whether to give someone alimony during the divorce process, your divorce lawyers should be able to walk through your legal issue and let you know some rough odds.
But, the judge in your case will review the facts and financial condition of both parties and look at whether the spouse asking for spousal support can meet his or her reasonable monthly living expenses either through his or her job or the property that that person will have after the divorce is over.
How Much Will Get Ordered?
In Idaho, family law matters will be decided by the judge. That being said, alimony is generally only put in place so long as the other person needs to gain education or training to be able to meet their reasonable monthly living expenses.
So, for the most part, the alimony would only get ordered for a few years.
Why You Need a Twin Falls, Idaho Divorce Lawyer
Although you are not legally required to hire a divorce attorney, it is virtually always in your best interests to do so. You will find yourself at a distinct disadvantage whether negotiating or litigating on your own. A divorce lawyer will be able to help you with the divorce proceedings including any of the following issues:
- child custody
- criminal law issues that would affect your case
- uncontested divorce
- spousal support
- division of the martial property
- personal injury issues
- whether domestic violence is involved
If you have significant earnings, assets, or child custody is going to be an issue, it is even more important that your future and your rights are properly protected by a highly experienced Twin Falls divorce family lawyer.
Divorce Process is never easy. Let Idaho Divorce Law Firm help you go through it. We serve in major cities of Idaho including: