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Deciding that a marriage is over is the start of a new journey for the spouses. That journey usually starts with getting a divorce so that each individual can move forward as a single person. In Idaho, there are several things for couples to think about when they plan on getting divorced. Anyone who is seeking a divorce should understand some basic points about divorce in Idaho.
Couples don't have to establish fault for a divorce in Idaho. The state allows for a no-fault divorce based on irreconcilable difference. It is also possible to establish fault, if desired, which could be used when the court determines the final divorce settlement. Some grounds for a fault divorce include adultery, abuse, or commission of a felony that meets certain requirements.
In order to file for a divorce in Idaho, you must meet the state's residency requirement. You must live in Idaho as a citizen of the state for at least the six full weeks prior to the filing date for the divorce. From there, the state has a 20-day waiting period before the final divorce judgment can be made.
Idaho is a community property state. This means that assets are categorized according to when they were acquired. Assets that were acquired during the marriage are considered community property that must be divided equally between the spouses. Assets acquired before the marriage or after the separation are considered separate property unless the owner of the property adds the other spouse to the title, deed, or legal paperwork. If the second spouse was added, that property becomes community property.
When dividing assets, it might not be possible to split everything down the middle. For example, the marital home can't be split. The court can order for the property to be sold and the profit from the sale to be divided. The same is true for debts, which are also divided equally among the spouses when they divorce.
Alimony and child support can be ordered by the court. Alimony is also known as spousal support. This can be ordered as monthly payments or as a single lump sum payment. The length of the marriage, the financial resources of the spouse seeking alimony, and the earning ability for both spouses are some factors considered for alimony.
If the couple has children, child support is ordered based on each parent's income. There is a state minimum of $50 per month. In Idaho, the amount of child support isn't based solely on the paying parent's income. Instead, the state uses a system that looks at the combined income of the parents. Child support payments are all handled through payroll deductions. The funds are disbursed through the Child Support Services of the Department of Health and Welfare.
Splitting up assets, determining alimony, and figuring out child support isn't something that is easy for most people. Anyone who is going through a divorce should seek the help of someone familiar with Idaho divorce so they can prepare for the divorce process in a proper manner.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified divorce lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local divorce attorney to discuss your specific legal situation.