Getting a Divorce in Idaho


Getting a Divorce in Idaho

You have tried everything possible, but it looks like divorce is eminent. Getting a divorce can be complicated. Even if you believe you have filed the necessary paperwork, consulting with a divorce attorney in Blackfoot will ensure that your paperwork is in order and that any concerns are addressed. Divorce attorneys can also educate you on divorce issues that may arise in the future.

Depending on your situation there are multiple options for dissolving a marriage.

Annulments. Annulments declare that a marriage never existed. In order to be able to have an annulment the couple has to meet one of the following conditions.

• The husband or wife was underage at the time of marriage. This only applies if that individual does not live with their spouse once they have become of legal age of consent.
• The husband or wife is still legally married to another spouse. Also known as “bigamy.”
• The husband or wife was of “unsound mind” at the time of marriage.
• The husband or wife manipulated the other spouse by using fraud.
• The husband or wife was physically incapable of entering into a marriage.

Separation. Some married couples choose to negotiate a legally binding separation. A separation results in the division of property and established custody, but do not legally dissolve the marriage.

No-Fault Divorces. The petitioning spouse does 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 may dispute the no-fault divorce but judges rarely force couples to stay married if a divorce is desired. One or both of the spouses must be an Idaho state resident for a minimum of six weeks before filing for a divorce in Idaho.

Property & Debt

Idaho is a community property state. What that means is that all assets occurred during the marriage are assumed to belong to both partners equally. If the parties cannot reach an agreement, the judge will allocate marital property as well as debt equally.

Custody and Support

It is highly recommended that you hire a divorce attorney if there are children involved in the divorce. Child custody disputes can turn ugly and hiring a divorce attorney in Blackfoot can help keep child custody disputes civil. Attorneys can request temporary orders for child custody, support or spousal maintenance. The terms of the orders can become permanent if the conditions work well for both parties.

Name Changes

Women may keep their married surnames or return to any previously obtained name, however requests for name changes must be incorporated into the final decree. On occasion, some divorce orders can be changed later if either party is unsatisfied with a requirement and returns to court.

For more in-depth information on getting a divorce in Blackfoot call Baker & Harris Law Office today at 208-904-1497!  At Baker & Harris we understand that every case is unique. Our experienced attorneys take the time to get know you and understand your situation. We always keep your best interests in mind.