A divorce can be a long process with various challenges. It also can turn into a financial burden when the matter becomes a protracted battle. Filing a divorce in Idaho State is not something to take lightly because there is too much at stake. Therefore, you need to consult with a Meridian divorce attorney with experience in family law.
At Boise Family Law, we know how painful divorces are for families, no matter how or why they happen. Things often tend to be weightier when there are kids involved. The children can be in the middle of a fight and having a hard time picking one parent over the other. In the ideal situation, the spouse who reaches an agreement tends to see the torment their kids go through and will do what they can to make the divorce process end the soonest possible. Working with a seasoned and reputable divorce lawyer from Boise Family Law can make this a reality. Call our law offices in Meridian, Idaho, speak to our attorney, and learn more about how we can help.
What Are The Grounds For Divorce In Idaho?
Every state has laws that define the grounds for divorce, but many opt for the no-fault divorce. It is founded on the principle that the divorcing couples or spouses have reached a point where they are no longer compatible in their marriage, and none expect the situation to change. When things are at such a point, they set the stage for a fast and inexpensive legal process for the divorce since neither spouse has to prove the other is to blame for where things are in their marriage. Idaho has an excellent handbook to help to understand the Idaho state laws concerning divorce.
If you and your spouse wish to end your relationship, then a no-fault divorce is worth considering, especially if you agree about parting ways. We can help you file a divorce petition that states you have irreconcilable differences. The divorce can be completed within a short time if you have not lived together (cohabitated) for at least five years and can prove this to the court.
What Is A No-Fault Divorce?
In a no-fault divorce, a spouse will not need to accuse the partner of doing something untoward that is the reason for them separating. The spouses need to cite “irreconcilable difference” to pave the way for the court to approve their divorce request within a short period. The different types of divorce acknowledged in Idaho are governed by no-fault divorce laws.
What Is The Difference Between Physical And Legal Custody?
If you have kids, then you also need to determine child custody. However, deciding how the child stays with can be complex than most couples assume. It is one of the reasons for working with an experienced divorce lawyer. Our Meridian divorce attorney can help you understand the custody options and the factors that govern which you qualify for and what you can do to change the outcome.
Physical Custody
The first option is physical custody, which is what most parents want. It gives a parent the right to live and care for the kids every day. It means you will make crucial decisions regarding their health, education, development, and overall wellbeing. Physical custody can be sole or joint. Sole physical custody means one parent will be granted the right and is reached chiefly when the other is an unfit parent. Joint physical custody means the parents share the duties of caring for their kids, with the children splitting time between them.
Legal Custody
With legal child custody, parents will have the right to share in the decision makings that concerns the children’s future and wellbeing. They can be decisions about health, education, and religion. Legal custody is joint with sole custody award depending on extreme circumstances. Overall, both spouses must share in their kid’s upbringing, and the court can step in to ensure the terms of the divorce are enforced when one spouse tries to exclude the other.
How Is Child Support Determined?
At Boise Family Law, we know how influential a parent’s wages can be a factor that determines the support the parent is legally expected to provide. The time each parent spends with the kids is another significant factor that courts consider when determining child support. Other things that are considered in determining child support are:
- Alimony or child support either parents pay or receive from a past marriage
- Which parent pays daycare costs and the much that’s paid
- The kid’s age
- Either parent’s wages and paycheck deductions such as union dues
- Whether either parent cohabitates with a new partner that contributes to the household’s expenses
- Which parent pays health insurance, and what are the costs
How Will The Property Be Split In The Divorce?
The family’s belongings also are a prevalent issue in most divorce battles, and they include the house, car, furniture, land, retirement accounts, and ownership interests in businesses, among others. In most cases, deciding who takes what can be a contentious matter that requires arbitration. It is a complicated and heated battle amongst some couples, and the stalemate becomes a stumbling block of the divorce process speedy finalization. Our seasoned Meridian divorce attorney can help you and your partner reach an amicable arrangement when splitting the property in the divorce while also tackling spousal support.
In Idaho, marital property is mostly distributed equitably to either spouse but dependent on the couple agreeing on which belongings are marital property, separate property, and pre-marital property. Your divorce attorney will ensure that you get an equal share of the marriage property showing the court the various factors involved in the acquisition and ownership of the contested property.
What Is Equitable Division And How Does It Work?
Idaho state laws define equitable distribution as the fair (though not necessarily equal) division of marital belongings (assets and liabilities) the couple acquired during their marriage. But equitable distribution or division of the marital property can be challenging. Some of the things that affect the division of marital belongings in a divorce include:
- The law does not give specific statutes that help resolve such issues
- It is a process that is more about money and negotiations and less about laws
- It is hard to resolve it without an experienced arbitrator, preferably an experienced family law attorney
What Happens To The House?
The outcomes of divorce will differ, meaning no two cases will be the same. Different factors are in play when it comes to what happens to the family house after the divorce. Some of the options that your divorce lawyer will share with you are:
- Selling the building and splitting equity with your ex based on an agreed percentage
- Buying out your ex and retaining the house, which will require you to get a new mortgage
- You or your ex remaining in the house until specific terms are met – like the kids turning 18 – and then the house can be sold, and the proceeds shared equitably.
What happens to the house in a divorce is often subject to your (you and your ex) circumstance. It is best to reach an agreement about this instead of taking the matter to court. At Boise Family Law, we have experienced professionals who can counsel and guide you on splitting your properties, including the house.
How Long Will The Divorce Process Take?
In most circumstances, a divorce can take roughly four to six months. However, it can also take eleven months to two years or more if both parties cannot reach an amicable solution for some of the contentious issues in the divorce.
How Much Will A Divorce Lawyer Cost?
Divorce is never easy, and your finances may take a hit whether you have an attorney or not. However, planning for It can help you save money. We would not wish for you to be overly concerned about the costs of hiring our services. Call us at 208-968-9060 to schedule an initial free consultation and know more about our service rates and how we can help.
Find An Experienced And Dependable Meridian Divorce Lawyer At Boise Family Law
At Boise Family Law, we know how painful divorces are for families, no matter how or why they happen. Things often tend to be weightier when there are kids involved. Working with a seasoned and reputable Meridian divorce attorney from Boise Family Law can make the divorce process less messy for all. Call our law offices in Meridian, Idaho, speak to our attorney, and learn more about how we can help.
