IDAHO DIVORCE LAW
It is important to become familiar with your state's laws and procedures governing divorce and separation before filing. If you obtain an Idaho divorce you and your spouse will be legally single and able to re-marry. Contemplating divorce can include a variety of topics including: 1) legal separation; 2) grounds for divorce; 3) residency requirements; 4) simplified or special divorce procedures; 5) annulment; and 6) marital property division. It is important to consult an Idaho divorce attorney before filing for divorce or separation.
While there is no formal provision in the Idaho code for legal separation, Idaho courts recognize parties' desire to remain legally married but live physically separate. In order to file for legal separation, two things must be present: 1) at least one party must be a resident of Idaho; and 2) both parties agree to the separation. If children are involved in a legal separation case, the court will make a ruling on child custody. Idaho courts reserve the right to alter their rulings if the circumstances of the spouses change (e.g. the parent with primary custody is no longer able to care properly for the children.
Grounds for Divorce
Idaho has both fault-based and no-fault grounds for divorce. When filing for no-fault divorce in Idaho, parties may cite "irreconcilable differences." This is a straightforward standard to meet and does not require evidence to prove irreconcilable differences. Fault-based divorce is asserted by claiming one of the following grounds:1) permanent insanity or institutionalization; 2) alcoholism; 3) conviction of a felony; 4) adultery; and 5) cruel and inhuman treatment. More specific evidence is needed to assert one of these grounds, which may be difficult to obtain. It is important that you discuss grounds for divorce with an Idaho divorce attorney.
Divorce Residency Requirements/Where to File for Divorce
The residency requirements in Idaho are simpleâ€”courts only require that the party filing for divorce be an Idaho resident for at least six weeks prior to the date of filing. The petition for divorce must be filed in a district court that has jurisdiction over the county in which either party lives. One should consult an Idaho divorce attorney if he or she is unclear about where to file for divorce.
Availability of Simplified or Special Divorce Procedures
While there are no significant simplified or special divorce procedures, one notable procedure is that Idaho courts will grant a divorce upon the default of the defendant. Additionally, if both spouses agree upon the material terms of the divorce, Idaho courts will speed up the divorce process. It may help to consult an Idaho divorce attorney for further information regarding potential simplified divorce procedures.
Annulments, court declarations that the marriage is legally invalid, are less prevalent than divorces and courts require specific reasons behind the request. In Idaho, courts will grant annulments based on the following grounds: 1) a party is under the age of legal consent; 2) a party was physically unable to enter into a marriage relationship at the time of marriage and continues to be physically unable to do so; 3) fraud or duress was used to obtain consent to the marriage. Due to its rarity (at least relative to divorces), one may want to consult an Idaho divorce attorney before filing for an annulment.
Division of Marital Property
Idaho is a "community property" state. Therefore, unless the parties made a specific agreement addressing the division of property, all property acquired during the course of the marriage will be divided equally (not necessarily even or 50-50). Additionally, all property owned or acquired before or after the marriage by a party is his or her separate property and is not subject to equal division at divorce. If the parties do have a separate agreement regarding division of property, such agreement must be in writing.
Idaho courts will take into account a number of factors when dividing marital property including, but not limited to:a) the economic circumstances of both spouses; b) the length of the marriage; c) the separate property of each spouse; and d) the nature of the community property.
Property division in a divorce proceeding is very important and you should consult an Idaho divorce attorney if you have any questions or concerns.
Links to Divorce Statutes
See here the find the following applicable Idaho Code sections.
1) Idaho Legal Separation
2) Idaho Causes for Divorce
3) Idaho Divorce Residency Requirements/Where to File
5) Idaho Annulments
6) Idaho Division of Marital Property