Divorce Guide

Divorce Guide

Idaho Divorce Rights

In order to file a case of divorce in Idaho, it is mandatory that the spouse filing the petition has to be a resident of the state for a continuous period of six weeks. The grounds which are declared legal by the court to file a case of the dissolution of the marriage are divided into two categories by the competent authorities. These two categories are No Fault and Fault categories.

When the married couple has been living separately for a period of five long years and when the differences of the couple are irreconcilable, then this ground is discussed under the No Fault ground.

The grounds which are considered under the Fault categories are adultery, willful neglect of the spouse, when either of the spouses has become insane permanently, extreme physical cruelty and willful desertion of the spouse.

The court where the case for the dissolution of the marriage is filed is called the judicial district of Idaho. The name of the court is mentioned in all the related documents of the case. Some of the important documents required at the time of filing the case are decree of divorce and the complaint for the divorce, marital settlement agreement, family law case information sheet and all the summons of the case.

Some of the states of the United States of America follow the principle of community property. Idaho is one of those states. The principle of community property means that the property of the couple will be equally divided by the court, however this will happen only if the parties involved in the case do not arrive at any agreement. The factors which are considered by the court while deciding on the amount to be divided between both the parties are: the age and health of two parties, there vocational skills, duration of the marriage, employability of the parties involved, needs of the parties involved, earning capacity of the parties.

Of all the cases of divorce in Idaho, not every case will have the clause of spousal support. The clause of spousal support is considered by the court only when the effected spouse has no other means of making a living. Child custody is very important in these kinds of cases because the court can not allow the party to take custody of a minor child when the party itself is not able to make a living for itself.

The court may also put a stay on the proceedings of the case if the court finds it appropriate to reconciliate. If the court is of the view that the attempts to reconciliate the marital relationship are practicable, it can put a stay on the proceedings for a period of ninety days. This reconciliation and mediation process may come handy when there is a minor child in the family.

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