Divorce/ Marriage Dissolution
When a spouse wants to end a marriage, they can file a case in the family court to ask the court to end the marriage. Marriages can be dissolved through annulment or divorce cases. The court can also grant separation, in which case the court issues an order regarding child custody, alimony, and property, and the couple remains legally married.
Child Custody and Paternity Cases
When a man wants to be declared the legal father of a child, either parent may file a case seeking the court to establish paternity. This would permanently establish the father of the child. An unmarried parent could ask the court to order for legal custody, visitation schedules, physical custody, and child support.
Protection Orders
A victim of domestic violence can go to the family court seeking a protection order against domestic violence to keep the abuser away.
Name Changes
A family member can legally change their name in a family court through a name change case.
Guardianship
This involves establishing who should be responsible for the personal, medical, and financial decisions over a child or adult who is unable to care for themselves.
Adoptions and Termination of Parental Rights
In case there are serious reasons why a parent should be denied a parental relationship with a child, such as abuse, neglect, abandonment, etc., the family court could terminate the rights of the parent. In case someone else is looking to become a legal parent of the child, the family court could grant an adoption to legally create a parent-child relationship.
Juvenile Issues
The family court also oversees issues involving allegations of child abuse, neglect, or whenever a minor is accused of engaging in illegal behaviors. Such matters are mainly handled by the District Attorney Juvenile Division. The family court is also tasked with approving work permits for minors that are under the age of 14.
Approval and Emancipation of Underage Marriages
People under the age of 18 who want to be “emancipated” (legally free from the control of their parents) or marry can petition the family court for approval.
Other common issues handled under family law include:
- Child custody
- Divorce
- Visitation rights
- Father’s rights and grandparent’s rights
- Annulment
- Child support payments
- Termination of parental rights
- Paternity
- Adoption
- Alimony & spousal support
- Guardianship
- Civil protection orders
- Domestic violence
- LBGT family law
- Prenuptial agreements
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What Are Grounds for Divorce in Idaho?
Grounds are the different reasons legally accepted for divorce. You can get a divorce in Idaho without alleging your spouse is at fault if:
- You allege that you and your spouse have irreconcilable differences. This means that you and your spouse have some differences that cannot be changed and these have led to the breakdown of your marriage. You need to demonstrate to the judge that there are credible reasons why your marriage should end.
- Alternatively, you can prove that you and your spouse have continuously lived apart or in different homes for at least 5 years.
In Idaho, the judge may also grant you a divorce if you allege that your spouse was responsible for the divorce for any of the following reasons:
- Adultery: Where your spouse had sexual relations with someone else after you got married.
- Willful desertion: Your spouse left the marriage with no plan of coming back for at least a year.
- Extreme cruelty: Your spouse hurts you physically or causes you serious psychological or mental suffering.
- Willful neglect: Your husband refuses to provide adequate financial support for you for at least one year, even if he is able to. Note that the law states “husband,” not spouse.
- Conviction of a felony: Where your spouse is convicted of a felony.
- Habitual intemperance: Where for at least one year, your spouse is regularly so intoxicated that they can’t engage in normal activities, and their intoxication causes you great psychological or mental suffering.
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How Does the Division of Property Work in Idaho?
Idaho is one of the few community property states. This alludes to the fact that any property acquired during the marriage is equally split. The exceptions to this are any gifts and inheritances specifically awarded to one spouse only.
Before any assets are divided, a determination must be made to identify marital property and separate property. Assets acquired before the marriage, after a divorce is finalized, or after legal separation are considered separate property. Sometimes, a spouse might accidentally change separate property into marital property, such as by depositing money into a joint bank account.
As a couple, you can create a post-nuptial or prenuptial agreement to identify separate property. Some assets are generally considered marital and others separate property. For instance, assets that were already in a retirement account before entering a marriage can be considered separate, while deposits made after the fact are considered marital.
Since Idaho is a community property state:
There will be a substantially equal division in the value of assets while accounting for the debts between the spouses unless there are compelling reasons otherwise.
Any factors bear upon whether a division will be equal and the way the division is handled, will include (but not limited to):
- Duration of the marriage
- Any antenuptial or prenuptial agreements
- The health, age, vocational skills, source and amount of income, occupation, employability, and liability of each spouse
- Whether a spouse is awarded property instead of alimony
- The needs of each spouse
- The current and potential earning capacity of each spouse
- Retirement benefits, including civil service, social security, railroad, and military retirement benefits
The law ideally provides that the family court will account for all the relevant factors and establish the property distribution as equal as possible. Nonetheless, it’s worth noting that the distribution of property in a divorce is not always “equal.” As such, to get the best possible results, you will want to have an attorney by your side to avoid ending up with the wrong end of the stick.
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How is Child Custody Decided?
The family court will have to decide both the legal and physical custody in a divorce case. Physical custody established which parent the child will live with following the divorce. On the other hand, legal custody grants the decision-making power over certain important elements after the divorce. In many cases, joint legal and physical custody are awarded.
The court will mostly want to rule in the best interest of the child. There are a few factors that the court will consider when making this determination:
- The preferences and wishes of the child. This is usually reserved for older children who demonstrate adequate maturity to provide a sober input
- The ability of the child to make adjustments in their school, home, and community
- The relationship of the child with their siblings and parents
- The need for stability in the child’s life
- The mental, moral, emotional, and physical health of the parents
- Any parental disabilities that could end up hindering care
- Any history of substance abuse or domestic violence by either parent
In certain cases, custody could be awarded to other members of the family in case neither parent demonstrates a capacity to safely perform their duties as a parent
The Idaho family court will have full discretion in choosing how visitation and custody issues will be handled, and there are no automatic assumptions that the time spent with either parent will be equal.
Keep in mind that the court will account for all the factors to determine what is in the best interest of the child. Custody issues are often complex and delicate, as they involve making decisions and taking actions that will affect the child for the rest of their lives. That’s why it’s always recommended to work with an experienced family law lawyer when tackling child custody issues.
Boise Family law will be there for you every step of the way and guide you to get the best results possible for you and your child.
