Idaho Divorce Laws
The residency requirements in Idaho are relatively shorter than most states. The plaintiff or the respondent must live in the state for at least six weeks prior to filing for divorce. The Complaint for Divorce will be filed in the district court, and the final document is called the Decree of Divorce. A no-fault divorce may filed on the grounds of irreconcilable differences with no chance of reconciliation, or if the parties have lived apart for a lengthy period of time. For a fault divorce, the grounds are as follows: adultery; extreme cruelty or abuse; desertion by one spouse for a certain period of time; willful neglect; habits of extreme intoxication from alcohol or drugs; the conviction of one spouse of a felony; or mental incapacitation or legal insanity of either spouse. For a legal separation, there can be provisions for property division, alimony, and child custody similar to those in a divorce.
Idaho Divorce Laws & Property
Idaho is a community property state, which means that all marital property will be divided equally between the partners. Marital property is property acquired during the marriage. If either party objects to equal distribution, they can present compelling evidence to the court to prove that another agreement would be more equitable. When awarding property, the court will consider other factors, including:
The duration of the marriage
Any prenuptial agreements concerning property
The age and health of both parties
The income, financial resources, and earning potential of both parties
The property needs of both parties
The retirement benefits of both parties
Whether alimony has been rewarded
Property acquired by either party before the marriage can be considered separate property and can often be allowed to remain with the original owner. Separate property includes property received through an inheritance or any property owned before the marriage. The distribution of property can be become complicated if different types of properties were combined or mingled during the marriage. The court will decide how to fairly distribute the property.
Idaho Divorce Laws & Alimony
Alimony is not guaranteed, even if one spouse financially supported the other spouse during the marriage. When awarding spousal support, the court will consider the following: the duration of the marriage and the standard of living established; whether the spouse seeking support is unable to support him or herself or will need additional education or vocational training to find employment; whether the marriage dissolved due to the fault of one party; the financial resources and obligations of both parties; the age and health of the parties; and the ability of the supporting spouse to also support him or herself while paying alimony.
Child Custody
The court will award custody based upon the best interest of the child. The court has to ability to award joint custody, shared custody, or sole custody. Physical custody is where the child actually lives, while legal custody is the rights of the parents to make decisions regarding the child’s education, religion, and other major issues. Both parents will be considered as suitable custodians unless there is compelling evidence to suggest otherwise. These factors are weighed when awarding custody:
The wishes of both parents for custody
The wishes of the child, if the child is old enough to express an opinion
The relationship to both parents to the child and their ability to be effective parents
The character of both parents
The adjustment of the child to their home, school, and community and how custody will affect that
The relationship of the child to siblings and other family members
The need for relative continuity in the child’s life
any evidence of domestic abuse.
Idaho Divorce Laws & Child Support
When both parents are considered legal custodians for the child, both are responsible for the financial support of the child. The state of Idaho uses income guidelines to determine the financial percentage that each parent must provide for the child. The incomes and financial resources of the parents are calculated and their responsibility is proportional to their abilities. Some of the major provisions to Idaho child support laws include:
Both parents, regardless of gender, can be ordered to pay child support
The court will consider the financial needs of the child over the needs of the parents or any creditors unless there is extreme debt
and in cases of low income families, there is still a need for child support, even if it is a minimal amount
Rarely will there be a judgment of zero dollars for child support. In Idaho, there are no laws that require parents to support their children through a postsecondary education.
