Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Idaho have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of community property.
Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
RESIDENCY REQUIREMENTS
To file for a divorce in this state, the plaintiff must be a resident of the state for at least six weeks before filing. The divorce may be filed with the district court in the county where either spouse resides.
GROUNDS FOR DIVORCE
A divorce may be granted on the following grounds: 1) Irreconcilable Differences; 2) Adultery; 3) Extreme Cruelty; 4) Willful desertion or neglect; 5) Addiction to alcohol; 6) Permanent insanity, or 7) Conviction of a felony.
LEGAL SEPARATION
In actions for a legal separation, the court may determine the custody of the children, the amount of child support and alimony, the division of property, and the responsibility for paying debts.
PROPERTY DIVISION
Idaho is a community property state, meaning that the marital estate is usually divided equally. The following factors may be taken into consideration when determining the property division:
1) The duration of the marriage;
2) Any prenuptial agreements;
3) The age, health, occupation, and earning capacity, and liabilities of each spouse;
4) The needs of each spouse;
5) Whether alimony has been awarded; and 6) The retirement benefits of each spouse.
ALIMONY & MAINTENANCE
The court may order one spouse to pay maintenance if it is determined that the spouse seeking support cannot be self-supporting and lacks sufficient property to provide for their reasonable needs. The period and amount of maintenance specified are based on the following factors:
1) The duration of the marriage;
2) The fault of either party; 3) The financial resources of the spouse seeking maintenance;
3) The time required to acquire sufficient education or find employment;
4) The age, physical and emotional condition, and earning ability of the spouse seeking maintenance;
5) The spouse’s ability to pay maintenance to meet their own needs; and 6) The tax consequences to each spouse.
CHILD CUSTODY
Custody may be awarded to either parent based on the “Best Interests of the Child.”
The court shall consider the following factors when determining custody:
* The wishes of the child;
* The wishes of each parent regarding custody;
* The relationship of the child with each parent and their siblings;
* The child’s adjustment to home, school, and community;
* The need to promote continuity in the child’s life;
* The relative parental fitness of each parent;
* The evidence of domestic violence
The court may award either joint physical custody or joint legal custody, or shared custody based on the court’s determination of the child’s best interests.
CHILD SUPPORT
Either parent may be ordered to pay child support, assuming that both parents share legal responsibility for supporting their child. That legal responsibility should be divided in proportion to their Guidelines Income, whether separated, divorced, remarried, or never married
SAME-SEX DIVORCE
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges.
