In Idaho State, the divorce rate is quite high i.e. 5.6% per 1,000 of the population which makes it 4th highest in the nation.
Idaho follows conservative family court laws. There are both no-fault and fault divorce grounds found in this state. The court shall not grant divorce on fault ground, if you are unable to substantiate your plea with solid evidence. All the requirements must be fulfilled before any furtherance of divorce case.
Annulment in Idaho is rare. Generally divorce is an option for people for certain reasons. But sometimes annulment may be preferred, depending upon the grounds.
Divorce Grounds in Idaho
The divorce rate in Idaho is much lower as compared to other states in US. Divorce grounds in Idaho are:
No-Fault Divorce Grounds in Idaho
Following are the no-fault divorce grounds in Idaho:
Irreconcilable differences is a lawful no-fault divorce ground in Idaho. If you and your spouse have differences which cannot be reconciled, you can bail out.
Separation for Five Years
If you and your spouse have been living separately without any cohabitation for a period of five years or more, both of you can obtain divorce under this divorce ground in Idaho.
Fault Divorce Grounds in Idaho
Following are the fault divorce grounds in Idaho:
If your spouse commits adultery, you are entitled to claim divorce. Adultery comes under fault grounds in Idaho.
You can also file for divorce, if you are a victim of domestic violence. It is a common divorce ground in Idaho.
If you have been deserted willfully by your spouse, you can obtain a divorce decree under this divorce ground in Idaho.
Neglect by your spouse entitles you divorce in Idaho.
Intemperance or “going beyond the usual bounds” is a legitimate divorce ground in Idaho. If your spouse is habitually intemperate, you can file for divorce.
Conviction of Felony
If your husband or wife has committed a crime before or after the marriage, you have a right to divorce in Idaho.
This is also an important divorce ground in Idaho. Under this divorce ground you can bail out if your spouse is suffering from an incurable mental ailment.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Idaho.
Idaho Divorce Laws
Idaho has following divorce laws:
According to the Idaho divorce laws, the plaintiff should be a permanent resident of Idaho for six weeks. Further more the divorce can be filed in the state in which either husband or wife lives. If either spouse doesn’t live in the same state, divorce must be filed in the state where petitioner resides.
Documents required for filing divorce
Documents required, by the Idaho divorce laws, to file for dissolution of marriage are:
- Complaint for Dissolution of Marriage and
- Decree of Dissolution of Marriage
Distribution of Property
Idaho is the community property state. Community property is the property purchased at the time of marriage. According to the Idaho divorce laws, it is divided equally among both the spouses. If a home is bought after the marriage, it will be either permanently or temporarily assigned to either party.
Change of Name or Restoration of Name
In Idaho divorce laws; there is no legal provision for changing the name to the one possessed before the marriage.
Mediation counseling is provided by the court after no way of reconciliation is left. The motive behind counseling is to provide a final chance to both the spouses so that they can reconcile. Mediation awarded is with obligation of not exceeding 90 days when minor children are involved.
According to Idaho divorce laws, court awards alimony on case to case bases. When divorce is declared, the court may grant an order if it finds that the spouse seeking maintenance doesn’t possess any property and require a proper backing to support.
Idaho State court awards child custody on two grounds:
- The wish of the child to live with either parent and
- The court also considers that the parent with whom the child is willing to stay is best able to support the child.
Child support is calculated according to the Income Shares Model, which is meant for child support.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Idaho Annulment Laws
An annulment is the court’s declaration that the marriage never took place. In Idaho, people prefer divorce over annulment because it is hard to prove annulment grounds set by Idaho annulment laws. Following are the grounds for annulment under the Idaho annulment laws:
Marriage of a person under the age of 18 without the consent of his or her parents, guardian or the court, is considered illegal in Idaho. Such a marriage can be annulled under the Idaho annulment laws.
According to Idaho annulment laws, you can claim annulment if your spouse was already married when s/he married you.
If your spouse is mentally ill, either completely or partially, and this is adversely affecting your married life, you can obtain annulment according to the Idaho annulment laws.
If one of the party’s consent for marriage is obtained by fraud or misrepresentation, the victim can file for Idaho annulment.
Impotency is a valid ground for annulment according to the Idaho annulment laws. However to get an annulment on this ground, you have to prove that your partner is unable to consummate the marriage.
If you have been forced or threatened into a marriage, you can get annulment under the Idaho annulment laws.
Idaho Divorce Laws Frequently Asked Questions
- How long must I have lived in Idaho to file for divorce?
Under the Idaho divorce law you are required at minimum to be a resident of the State for at least 6 weeks.
- What if my spouse doesn’t live in Idaho?
Under the Idaho divorce law there are no requirements for your spouse to live in Idaho. However, this complicates the divorce process.
- How can this complicate my divorce process?
The divorce process gets complicated since your spouse needs to be served with divorce papers. This takes more paper work and more time. Also, due to the distance between you and your spouse, the cost of divorce increases.
- How long will it take for me to be rid of my spouse?
The divorce process takes time unlike marriage. Most divorce cases are resolved with months of the divorce filing. Some cases take longer, while a few have taken years to be decreed by the court. The time it takes your divorce to be settled depends on the complexity of your divorce case.
- What is the filing fee for divorce in the State of Idaho?
The court filing fee for divorce depends on the county of Idaho that you live in.
- How do divorce attorneys in Idaho charge for their services?
Mostly, Idaho divorce lawyers charge according to an hourly rate.
- How much will my divorce cost me?
This really depends on the complexity of your divorce case and the time it takes to be settled.
- Do I really require an Idaho divorce lawyer?
Well you can represent yourself in the court. Ideally, it is better to hire the services of an Idaho divorce lawyer.
- Can my spouse and I hire the same Idaho divorce lawyer and save some money?
No, it is not possible for any Idaho divorce lawyer to represent both of the spouses. It is possible to hire the same Idaho divorce lawyer to prepare the papers for both the spouses.
- Does the State of Idaho recognize common laws?
No, the State of Idaho doesn’t recognize common laws.
- Is Idaho a No-Fault State?
Yes, Idaho is a no fault State. Though, in Idaho you can also file for divorce on grounds. No fault divorces finish faster.