No one gets into a marriage expecting to divorce their spouse someday. Things just happen. Marriage may simply not work out. If your marriage has come to an end, the only thing left may be to file for a divorce. You require the help of an experienced Boise divorce lawyer to look out for your interests during this trying time.
Filing for divorce is an unpleasant experience. If you’ve decided to divorce or your spouse has filed for divorce, you may be overwhelmed with emotions. At Boise Family Law, our seasoned family law attorneys can guide you through this complicated and stressful time of your life. It’s best to leave your divorce case in the hands of a skilled Boise divorce attorney who knows what needs to be done.
During a divorce, it’s normal to be sad. You are divorcing someone you once thought was your soulmate. You may wonder what you could have done to prevent it and whether you deserve it. Regardless, life has to move on. At Boise Family Law, our divorce lawyers in Boise, ID, are knowledgeable, compassionate, and competent. We can help you navigate the legal complexities of Idaho family law.
If you’ve decided to divorce your spouse or your spouse has already filed for divorce, call 208-968-9060 immediately. Our family law lawyers in Boise, Idaho, are ready to guide you throughout this process. Contact us today to schedule a consultation with an experienced attorney. Let us help you get the best result in your divorce case.
What are the Grounds for Divorce in Idaho?
In Idaho, you must be a resident of the state for at least six weeks to be eligible to file for divorce. You can file for a fault-based or no-fault divorce if you meet this requirement.
For a fault-based divorce, there are specific grounds that you can file for divorce in Idaho. Here, you should prove specific grounds to win your divorce case. A judge might grant you a divorce if your spouse was at fault for the divorce. Fault-based divorce often gives people an advantage in child custody, support, and alimony. Here are some of the grounds for divorce in Idaho:
Adultery by Either Spouse
You can file for a divorce if your spouse has sexual intercourse with someone else while you are married.
Extreme Cruelty
If your spouse’s actions cause severe bodily harm or mental suffering, you may file for a divorce.
Willful Desertion/Voluntary Separation
If your husband or wife leaves your marriage for at least one year, you can file for a divorce. During willful desertion, your spouse has no plans of coming back. They have the intention of abandoning the marriage.
Willful Neglect
If a husband fails to provide financial support to his wife for at least one year, this may be legal grounds for a divorce. The law specifically mentions husband, not spouse.
Habitual Drunkenness
Drug addiction for at least a year may also form grounds for a divorce. If your spouse’s drunkenness leads to mental suffering, you have the right to file for a divorce in Idaho.
Felony Conviction
If your spouse is convicted of a felony while you are married, you can file for a divorce.
Permanent Insanity
If your spouse has been confined in a mental institution for at least three years, you can file for divorce. A judge can grant your divorce if he or she believes your spouse may never be sane again.
In a fault-based divorce, you have to prove grounds for your divorce. It’s essential to have solid evidence to prove the reason for your divorce. You risk losing your case if you don’t have an airtight divorce case. An experienced Boise divorce attorney can help you convince the court of your spouse’s misconduct. If you don’t have enough evidence to prove the alleged grounds, you should consider filing a no-fault divorce.
What is a No-Fault Divorce?
The state of Idaho recognizes both fault and no-fault divorces. In a no-fault divorce, you cite irreconcilable differences as the grounds for your divorce. Here, your marriage is irretrievably broken.
A no-fault divorce does away with the burden of proving the above grounds for divorce. You don’t have to show the court that your spouse’s actions led to the end of your marriage. Both parties just have to prove to the court that there’s no way to repair their marriage.
Today, more people are opting for no-fault divorces. It simplifies the divorce process. You only have to tell the court that your marriage is no longer working out and that neither of you expects that to change. This type of divorce is less expensive and faster since no one has to prove fault.
What is the Difference between Legal and Physical Custody?
When filing for divorce, the term “custody” often comes up. You’ll hear your Boise divorce attorney mention terms like legal and physical custody. If you are involved in a divorce, child support and custody are crucial issues that require prompt solutions. At Boise Family Law, our family law lawyers will help you secure the best legal and physical custody conditions in your divorce case.
Legal Custody
Legal custody is the right to make major decisions regarding your child’s welfare. These decisions may include medical, educational, and religious decisions. A parent can have sole legal custody or share joint legal custody. In joint legal custody, both parties are required to share the opportunity, responsibility, and right in decision-making regarding the child’s welfare.
It’s crucial to point out that parents who share joint legal custody may not share the same opinions. Parents may have a hard time agreeing on what’s best for their kids. Parents should communicate all significant decisions with each other to ensure their kids are in a stable and safe environment. For instance, parents should both decide what’s best for their child when it comes to education. Parents shouldn’t sideline each other when making decisions such as transfers to public or private schools.
Physical Custody
Physical custody in a divorce case refers to who the child lives with most of the time. Similar to legal custody, physical custody can be shared by both parents or awarded to one parent. The parent who spends most of the time with kids is referred to as the custodial parent. He or she is responsible for the day-to-day decisions regarding the welfare of the children. Non-custodial parents also have the right to know what’s going on with their kids. For instance, both parents have a right to attend school meetings and inspect school records.
In joint physical custody, the amount of time shared by parents doesn’t have to be 50/50. Under this type of custody, parents and children will have regular and continuing contact. The court will determine the amount of time each parent will share with the children.
It’s always easier if both parents are on the same page. This creates a harmonious environment for the children. If you need assistance with child custody issues, contact an experienced divorce lawyer near Boise today. At Boise Family Law, our legal team is ready to meet and discuss your child custody issues.
How is Child Support Determined?
In Idaho, child support is based on the Idaho Child Support Guidelines. These guidelines provide a mathematical formula for the computation of child support. The gross income of both parents, fringe benefits, potential income, and the time each parent spends with the children must be factored in when determining child support. The court must first decide the amount of time the children will spend with each parent before child support is calculated.
For instance, if you earn $7,000 per month and your spouse earns $3,000 per month, your monthly financial obligation in child support would be 70% of the child support amount. Other factors that can be considered when determining child support include child care costs, educational needs, parental needs, tax benefits, health care costs, health insurance premiums, and retirement dependency benefits. The child’s emotional and physical needs also have to be considered when determining child support.
How Will the Property be Split in the Divorce?
In Idaho, a divorcing couple is required to decide how they’ll split their property. If they cannot do so, the court will decide how their property and debts will be divided. If a couple can’t agree on how to divide property, this decision will be passed on to a judge or arbitrator.
Idaho is a community property state. Property acquired after marriage should be split equally after a divorce. Gifts and inheritance awarded to one spouse are exempt from this split.
A couple can enter into a prenuptial or post-nuptial agreement identifying marital and separate property. During a divorce, community property is divided equally among both parties. During the split of the property, the court will consider factors such as:
- Each spouse’s needs
- The marriage duration
- Current and potential earnings of both parties
- Age, occupation, health, and amount of income of each spouse
What is Equitable Division, and how Does it Work?
Also known as equitable distribution or division of property, equitable division is a method used to split property during a divorce. Courts engage in equitable distribution in instances where spouses cannot agree on the division of assets and earnings. Equitable division isn’t equal division. Judges in some states may order a spouse to use separate property to ensure there is an equitable division of assets. This helps to make the settlement fair for both parties.
The state of Idaho is a community property state. It doesn’t apply an equitable distribution system when dividing property during a divorce. At Boise Family Law, we can help you understand how the division of property, earnings, and debts works. Call us now to speak to an experienced Boise divorce lawyer.
What Happens to the House?
The marital home is usually one of the most significant assets for many couples. It serves as the anchor of your family. You may have watched your children grow up in this home since they were toddlers. Spouses often develop emotional attachments to their homes. No one is usually ready to move out.
In Idaho, if the house is one spouse’s separate property, he or she will get it. Separate property can be a gift or inheritance. If you acquired the house before marriage, it is considered separate property.
If it is a marital asset, a judge can grant both of you shares in the home. Both spouses are entitled to 50% of the equity in a house. The courts may require one spouse to buy out the other’s share of the property. Alternatively, a couple may decide to sell the property and equally divide the proceeds.
How Long Does a Divorce Take in Boise?
In Idaho, an uncontested divorce can be finalized once the mandatory 20-day waiting period elapses. The courts require judges to wait for 20 days before granting a divorce. This period begins once a spouse is served with divorce paperwork.
The facts of your case may affect how long your divorce takes. The waiting period may be longer if minors are involved. Typically, divorce proceedings in Idaho take 30 to 90 days to be finalized. A seasoned divorce attorney in Boise can guide you throughout this process to make sure your rights and interests are protected.
How Much Will a Divorce Lawyer Cost?
Divorce proceedings can be costly. You have to fight for child custody and division of assets in a Boise divorce case. At Boise Family Law, we get it. That’s why we charge our clients affordable rates. We offer flexible payment plans and consultation services. For uncontested divorces, solutions are affordable and relatively quick. Idaho charges $154 and $207 for uncontested divorce filing fees without minors and with minor children, respectively.
Contact Our Boise Divorce Attorneys Today for Trusted Legal Guidance
Navigating family law is never easy. Legal family matters such as divorce can be emotionally draining for all involved parties. By choosing a knowledgeable Boise divorce attorney, you can have the peace of mind you need throughout your divorce case.
Boise Family Law is ready to guide you in all legal aspects of your case. Our family law attorneys in Boise can help you with issues such as child support, child custody arrangements, spousal support, and visitation rights. Let us provide an honest assessment of the merits and demerits of your case. Call us today at 208-968-9060 to book a case review with an experienced Boise divorce lawyer.
