How to File for an Idaho Divorce

Just like any other state in the United States of America, Idaho has its own set of specific and documented rules for getting a divorce. As a couple, you are supposed to abide by these regulations to come at a speedy and proper mutual separation. This discourse is aimed at shedding some light on these Idaho divorce laws.

At the very outset, there are the residency requirements. In order to be able to petition the court for divorce, you need to have been living in Idaho for at least six weeks before the petition can be actually filed. The county district court (either at yours or your partner’s county) is entrusted with the arrangement of the divorce hearings.

Idaho divorce proceedings specify well-defined grounds which can be cited for obtaining a separation from your spouse.

These divorce-seeking grounds are as follows:

•    Criminal records
•    Extreme alcoholic tendencies
•    Willfully neglecting your partner
•    Psychological problems
•    Physical and/or mental abuse
•    Impotency

In all cases, the court must be provided with evidence to believe that the dispute between the two of you is indeed permanent.

A divorce proceeding comes with several important associated issues. Some of these are as follows:

•    The arrangement of alimony payment
•    The distribution of property (acquired both before as well as after marriage)
•    If you and your husband/wife have children from the marriage, their custodial rights need also be determined by the Idaho divorce authorities

In the context of distribution of assets between your partner and you, the divorce laws in Idaho require in most cases that it be divided equally.

There are several factors that play crucial roles in this process. Some such factors are:

•    The financial requirements of you and your spouse
•    The alimony arrangement
•    The period of your married life
•    Whether either of you were married before or not

The divorce laws in Idaho do not perceive alimony payment as an automatic result of divorce proceedings. Only when it is deemed by the courts that one of the spouses is unable to maintain a proper livelihood (due to insufficient financial resources), is alimony granted to the other. The age of your spouse and yourself as well as the education and employability also influences alimony arrangement decisions.

Child Support and Divorce

There are separate Idaho Child Support Guidelines – something that, as an estranged couple, you will need to follow closely. The wishes of both the child in question, as well as the opinions of the two of you are considered while granting custodial rights to you or your partner.

Whatever decision the Idaho court takes, it is supposed to act in the best interests of the future of the child.

While analyzing the financial status of a divorcing couple, the expenses for child care are accorded the topmost priority. In this context, it should be mentioned that $50 is the approximate amount which is supposed to represent the monthly expenses that are required for a child. Hence, if you (or your wife/husband) earn not more than $800 per month, further consideration is required as to whether you will be able to adequately provide for yourself as well as the child.

Divorce cases in Idaho often reference the Divorce 101 clause. This clause covers all the psychological, finance, as well as legal issues related to a divorce case in detail.

There is also a Guidelines for Income followed by the divorce courts of Idaho. As per this set of rules, the current income levels of both you and your spouse are examined before arriving at a decision. Your past and current marital status is also checked by the courts.

While granting custody of the child, the basic ‘parental ability’ is also analyzed. The comfort level of the child as well as his/her conveniences are also prioritized when deciding with whom (s)he should stay with.