When divorce is the only option you feel is left – the process becomes necessary to move forward with your life. But getting a divorce can be complicated and tricky. There is paperwork that must be completed and filed in the right order, deadlines that need to be met, and documents that have to delivered to and signed by your spouse. By consulting with a professional divorce attorney in Blackfoot, you can make sure that all of your i’s are dotted and t’s are crossed before you run into issues and complications. Of course, your initial concerns and questions can be answered by experienced specialists in family law and divorce before you move forward.
There are different types of options when it comes to divorce – depending on your particular situation.
Annulments. An annulment basically declares a marriage non-existent. That means that legally, it is deemed that the marriage never happened. This can only happen if specific requirements are met.
• If either party is underage at the time of marriage, the marriage can be annulled. However, if that individual lived with their spouse once they have become the legal age of consent, an annulment is no longer an option.
• If either of the parties is still married to a current spouse, annulment is an option.
• If either party is of “unsound mind” at the time of marriage, fraudulently manipulated the other party, or was physically incapable of entering into the marriage – the marriage can be annulled.
Separation. Married couples who separate do not legally dissolve the marriage as would occur in a divorce. They are able to legally divide property and establish custody, but a legal divorce does not occur.
No-Fault Divorces. If one of the spouses has been an Idaho state resident for a minimum of six weeks, they can choose to file a no-fault divorce. Petitioners do not have to have grounds beyond “irreconcilable differences.” The petitioning spouse may also cite grounds such as desertion, infidelity, or a felony conviction. The other spouse can dispute the no-fault divorce but it isn’t common for a judge to force couples to stay married if a divorce is desired.
Idaho considers assets that were incurred during a marriage property of both partners equally. As a community property state, the judge can allocate marital property and debt equally among both parties if they cannot reach an agreement on their own.
If children are involved, don’t skimp out on legal fees by trying to handle the paperwork on your own. Child custody disputes can get really ugly really fast. Hiring a divorce attorney in Blackfoot can help decrease the stress and trauma that can happen during custody battles. An attorney can also help in emergency situations by filing emergency temporary orders, child or spousal support, and more.
If name changes happened for either party during the marriage, the name can be kept or it can be returned to the party’s previous name. However, the request must be included in the final divorce decree.
If you are considering filing for a divorce or have found yourself in the middle of a divorce or custody battle, contact Baker & Harris Law Office today! At Baker & Harris, we understand that every case is unique. Our experienced attorneys take the time to get to know you and understand your situation. We always keep your best interests in mind.