Understanding Idaho's Divorce Laws
Few people enter a marriage with the intention of seeing it end in divorce, and yet so many marriages dissolve in the courtroom each year. Idaho sees thousands of divorces annually. The length and grueling process of ending a marriage is anything but pretty.
Divorce laws differ from state to state, and Idaho has its requirements regarding everything from fault to spousal support. If you are considering a divorce or are already in the process, you need to know what happens next. What can you expect if you make your way into court as part of a divorce proceeding?
Who Can File for Divorce in Idaho?
Like many states, Idaho does have laws regarding when you are allowed to file for divorce. For example, you may be eligible for divorce if one party committed adultery or exhibited extreme cruelty in the marriage.
Idaho also allows divorce in cases of wilful desertion (abandonment) or neglect. Individuals whose spouses exhibit habitual intemperance (also known as alcoholism) are also eligible.
In most cases, you may be able to file a no-fault claim for divorce, citing irreconcilable differences.
Can Idaho Deny a Divorce Request?
Idaho may opt to deny a divorce request if one or both parties fail to meet the court's requirements for dissolution of marriage. While this condition is not often the case, you should be prepared to ensure your request is not denied.
Who Is Eligible for Annulment in Idaho?
Annulment is similar to divorce in many aspects, except that it negates a marriage entirely. If a marriage is annulled, the government treats the nuptials as if they never occurred in the first place.
Idaho allows annulment only in rare circumstances. For instance, one party must demonstrate that the other was underage, already married, or not of sound mind at the time of the marriage. The individual may also argue that they consented fraudulently or under force. While not as common, impotence is also a cause for annulment in court.
How Does Idaho Distribute Property After Divorce?
Generally, both spouses will maintain the properties and debts they owned separately before marriage. Each party will also keep their debts. The rest of the property is typically distributed equally unless the judge is presented with a compelling reason to act otherwise.
To find such a compelling reason, the judge will likely assess ,among other things, the length of the marriage, post-nuptial agreements, employability of each spouse, needs of each spouse, retirement benefits, and earning potential of each spouse.
Who Is Eligible for Spousal Support?
Spousal support, sometimes referred to as maintenance, is not automatically issued to either party. Instead, the judge will determine if either spouse is eligible for support based on the length of the marriage, the job skills or education of each individual, available financial resources, physical and emotional condition of either spouse, and the fault of the divorce.
If you are expecting to go through the legal proceedings of a divorce, you want to aim for your best shot at receiving what you deserve. This is where hiring an excellent lawyer like Hart Law Offices, P.C., comes in. Our professionals understand what the courts are looking for, and we use legal know-how and compassion to do what is best for our clients. Contact us today.