Divorce Guide

Divorce Guide

Idaho No Fault Divorce

Idaho is a mixed state where divorce is granted on the basis of “fault” as well as “no-fault” grounds. According to Idaho no-fault divorce laws, you may get a divorce on “no-fault grounds”; if you simply state that the marriage is “irretrievably broken down” due to “incompatibility in temperament” or “irreconcilable differences”. Courts would not ask any of the spouses to prove “major wrongdoing” on part of the other spouse such as in the case of “fault grounds” where the plaintiff has to prove that there was “substantial wrongdoing” such as adultery or emotional/physical cruelty or desertion etc.

Residential requirements in ID no-fault divorce

It is mandatory that the spouse filing for divorce must have stayed for a minimum period of six months in Idaho, prior to filing the divorce.

Idaho and no-fault divorce laws

According to the ID divorce laws, one may get divorce on no-fault grounds if one is separated from the spouse for a continuous period of two years without cohabitation.

Choosing “fault” grounds or “no-fault grounds” in divorce

The grounds on which you wish to divorce from your spouse depend on your needs and priorities. Some spouses wish to file for divorce on “no-fault” grounds even if there is substantial “wrong-doing’ on the part of the other spouse. This is because they wish to avoid the ugly court contesting and also save the children from the bitter legal battles. But some spouses may file “fault grounds” if they feel that “no-fault” grounds may take longer. According to ID divorce laws, you may have an edge over your spouse on matters concerning child custody or spousal support or property division if the grounds of divorce are “fault” and the wrongdoings of the husband can be proved in the court of law.

Property division in ID no-fault divorce

Idaho is a ‘community property” state and unless the issue of property is contested, then the marital property is equally divided among the spouses during the divorce.

Child custody in ID no-fault divorce

It is often observed that matters concerning child custody, child support are settled outside the court in no-fault divorce cases so that children do not get embroiled in custody battles of the court. In such cases, the parties need to submit a “martial agreement form” where they give details of the legal custody arrangements that they have arrived at and how their visitation schedules have been planned. That would be approved by the court when the court gives the final trial date or signs the decree of dissolution of marriage. But, if the custody issue is contested, then courts would give custody of the child according to the best interests of the child and his/her needs.

Idaho no-fault divorces can be contested by the parties themselves without seeking the advice of an attorney. Do-it-yourself divorces are most advisable if the divorce is uncontested and on no-fault grounds. In all other cases, it is better to have an attorney who is an expert in divorce laws and would ensure that you do not pay a heavier price of something you never knew about!

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