Residency and Filing Needs
There are some aspects of divorce in Idaho that you need to know about before proceeding with anything. First off, if one spouse intends to file, that spouse will then be called the ‘Plaintiff.’ The other spouse will be called the ‘Defendant’ in the matter.
Once divorce is eminent, there are a couple requirements in the state of Idaho that need to be met before filing.
• Requirement 1: Plaintiff must be a resident of the state for at least six weeks prior to filing for divorce.
• Requirement 2: Divorce can proceed in the county of either the Plaintiff or Defendant; but if neither spouse can provide proof of residency in the state, proceedings occur in the county where the Plaintiff currently resides.
Reasons for Divorce in Idaho
There are many reasons for it, but for the most part the court separates all reasons into two categories:
• No-Fault Divorce
• Fault Divorce
“No-Fault” basically can mean two things –
1) Irreconcilable Differences
2) Mutual Separation for Five Years or More
“Fault” divorce in Idaho, however, is an entirely different situation.
Grounds for that divorce can include one or more of these as determined by a court of law:
• Extreme Cruelty
• Willful Abandonment
• Intended Neglect
• Habitual Intemperance
• Felony Conviction
• Mental Insanity
Both “No-Fault” and “Fault” divorce have separate stipulations that can affect custody, child support, and spousal support.
The Definition of “Legal Separation” Versus “Divorce”
Of course, both parties to a marriage may elect to “legally separate” instead of proceed through a divorce. What’s the difference?
A legal separation is essentially both parties agreeing to go their separate ways without dissolving the marriage. There are many reasons for doing this, one being the need to retain certain benefits within the marriage agreement that would otherwise be discontinued upon a divorce. For instance: medical insurance.
Typically, though, a legal separation does lead to a divorce agreement, in which case all grounds for divorce move forward, as well as the marriage then becomes dissolved in a court of law along with any other benefits and assets, questions of child custody, parenting time, and support (if children are in fact present).
The Primary Documents For a Divorce in Idaho
They are listed as follows:
• Family Law Case Information Sheet
• Marital Settlement Agreement
• Acknowledgement of Service by Defendant
• Sworn Stipulation for Entry of Decree
• Complaint for Divorce
• And Judgment of Divorce
Divorce in Idaho : Property Distribution
When it comes to divorce in Idaho, it’s important to know that the state favors “community property” standards. “Community property” generally means assets acquired during the marriage. Typically the assets are split 50/50 between both parties.
The court may encourage both the Plaintiff and Defendant to come to an agreement about property distribution. If there’s no agreement, the court will decide.
In addition, the court may also award the wife her former or maiden name upon agreement of the divorce.
Divorce in Idaho : On the Subject of Spousal Support
This issue may only be relevant if the court or both parties see a need for either party to support the other financially for any reason either on a temporary or permanent basis.
Divorce in Idaho : Dealing With Child Custody
Generally speaking, parents can come to an agreement on this matter regarding divorce in Idaho in several ways:
• Joint Physical Custody
• Sole Physical Custody
• Joint Legal Custody
• Sole Physical Custody
“Joint Physical Custody” is essentially sharing custody of the child(ren) in terms of where the child(ren) may live: either in mother’s residence, or father’s residence. Child(ren) retains two addresses. Both parties are equally responsible for the well-being of the child(ren) as well as for the education of the child(ren).
“Sole Physical Custody” is when one party retains physical custody of child(ren) and the other party retains “Visitation Rights.”
“Joint Legal Custody” is when both parents share the right to make important decisions in the life/lives of the child(ren), which may include legal name, lifestyle, needs, etc. etc.
“Sole Legal Custody” is when only one parent retains the right to make important decisions in the life/lives of the child(ren).
Divorce in Idaho : How to Determine Child Support If Necessary
Typically, the non-custodial parent pays child support. The Income Shares Model is employed to determine the amount. By combining W2’s and other worksheets, an amount is determined that would best suit the needs of the child(ren) without unfavorable financial problems on the non-custodial party.
Generally speaking, both parties may agree to an amount. But in the event that a Plaintiff and Defendant don’t, the court may utilize state support guidelines to arrive to a decision as to how much support is necessary for the child(ren).