Going through a divorce in Idaho can be tough due to many factors and circumstances. The legal issues surrounding the case, such as child custody, division of the assets, and many other things, can take a toll on your health.
As per stats, the divorce rate in Idaho stands at 3.9 divorces per thousand inhabitants in 2019. With so many complications, it can give a chance for many parties to have some misconceptions regarding their divorce case. It is why you should discuss all the aspects of your divorce case with your attorney.
Common Misconceptions People Going Through Divorce in Idaho Have:
Many times divorce cases can become complicated. The prime reason behind this is the misconceptions that many people have regarding family law which leads to many problems. Here are the common misconceptions that many people have.
The Parent Can Stop the Visitation if the Other Doesn’t Fulfill its Obligation of Child Support:
One of the common misconceptions that many people have is that they can stop a noncustodial parent from visiting if they are falling back on their child support payments. The court’s judgment is legally binding that both the parents must adhere to and follow.
Therefore, under no circumstance, a parent can stop the other parent from visiting their child. If you are facing issues getting the payments for your child support, you should consult with your lawyer to know about the best course of action.
Anyone who violates the agreement set by the court and takes the law into their hands might be subject to fines and penalties. So, it is better to take up this issue in court rather than stop visitation.
It Is Best to Get a Divorce in State you are Married In:
You don’t need to get divorced in the same particular region you get married in, but it is vital to follow the procedure below to file for divorce:
Firstly, you have to live in the state for a minimum period of 6 months
A partner can reside in Idaho and file for a divorce, even if the other partner lives in another state
In case the receiving partner can’t move to Idaho or does not reside in the state, the petitioner can file the divorce in the upper court of their county
Any Partner Can Deny the Petition for Divorce:
Idaho falls under the category of a mixed fault state when it comes to divorce. It means a spouse can file for a divorce in Idaho if both the parties cannot reconcile their marriage or due to any misconduct by the partner.
Various grounds can become the cause for a divorce, such as:
Acts of cruelty
Mental issues or problems which is leading the other partner to Incurable insanity
These are some factors that you can prove to dissolve your marriage. However, an individual can end their marriage without their partner’s consent since Idaho is a mixed fault state. It gives the court the option to grant a divorce even if neither party can prove it the party was at fault or not.
If Any Partner Commits Infidelity, the Other Partner Can Get Everything
When it comes to alimony, it can have a significant impact if it involves the reason for the separation due to adultery. Idaho Code § 32-705 enables judges to take into consideration the matter of infidelity when deciding on alimony.
The spouse will have to present proof to show that the other partner committed adultery and that the reason for their divorce is adultery. No statute mandate gives complete alimony and assets to the spouse if the other one cheats on them. The court will look into various aspects to set the spousal support like earnings, child support, and the financial situation of both spouses.
Mother Gets the Custody:
Another common misconception is that the children’s mother will get the primary custody of the children. That is not the case since the courts will look at all aspects and then decide on awarding custody to any parent.
The judgment will take the following factors to make the decision that is in the best interest of the child:
- The financial situation of the parent
- The relationship of the child with the parent and how well they bond with each other
- Any instances of child abuse
- All other aspects that can impact the welfare of the child
Contact Boise Family Law for Your Divorce Case:
If you are looking to file for a divorce in Idaho, you need to have an attorney by your side that can guide you in each step. That is where Boise Family Law comes into play. The years of expertise in dealing with divorce cases help us assist you regarding your divorce litigation.