- posted: Jan. 08, 2013
Divorce laws vary from state to state. If you are considering divorce or suspect your spouse may be approaching divorce, you should inform yourself about the divorce laws in your state. You don’t want to find yourself unprepared. A Boise divorce attorney can give you all the facts you need to know about divorce in Idaho, but following are some quick facts for a basic overview.
- Residency requirements: At least one spouse must be a resident of Idaho for a minimum of six weeks in order to be eligible to be divorced in the state.
- Grounds for divorce. Idaho allows fault or no-fault grounds for divorce. Or, if you’ve been separated for at least five years, you will be granted a divorce. Most couples choose no-fault divorce, as it is the simplest option and leaves each partner blameless for the breakup. However, some couples with a contentious divorce will choose fault grounds, especially if there are issues surrounding child custody or division of property.
- Common-law marriage: Idaho recognizes common-law marriages only if united before January 1, 1996.
- Community property: Idaho is a community property state, meaning that the court presumes that all property, assets and debt is owned equally by both partners. You may be liable for debt even if only one spouse signed the paperwork for the debt. Property and debts acquired before the marriage is not divided.
- Child support: Both parents are required to support their children after a divorce. The terms of this support depends on several factors, including how much time each parent spends with the child.
- Child custody: Idaho courts do not decide custody based on a parent’s gender. Only the child’s best interests are kept in mind, along with several other factors.
Boise divorce lawyers can assist you and answer any questions you may have during this difficult time.
The legal team at Foley Freeman Attorneys at Law is ready and waiting to help walk you through the legal process, and work toward the best possible outcome for your case.