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Either spouse can file for divorce in Idaho if they have been a resident of the state for at least six weeks before filing.
There is no legal significance as to which party files first.
Either spouse can file for divorce in Idaho. According to Idaho legislation, a divorce may be granted for any of the following causes:
2. Extreme cruelty.
3. Wilful desertion.
4. Wilful neglect.
5. Habitual intemperance.
6. Conviction of a felony.
8. Irreconcilable differences.
A divorce may also be granted if you can prove that you and your spouse have lived separately for at least five years.
Idaho does not require a legal separation before getting a divorce, however, it is available if couples choose it.
Couples may opt for a legal separation if they want to live separately and divide their assets and debts before formally divorcing.
Legal separation allows couples to divide property, establish child custody and support, and resolve other issues related to the divorce, just like a divorce decree would do.
Idaho is a community property state, which means that all assets and debts acquired during the marriage are considered community property and will be divided equally in the event of a divorce.
However, there are some exceptions to this rule.
Property that was acquired by gift, inheritance or before the marriage will generally be considered separate property and will not be subject to division.
Additionally, any property that was acquired after the date of separation will not be considered community property.
The court will consider a variety of factors when determining how to divide community property, including the length of the marriage, each spouse’s income and earning potential, and any contributions each spouse made to the marriage.
Ultimately, the court will strive to make a fair and equitable distribution of the community property, which may involve dividing assets such as:- Real estate, Bank accounts, Retirement accounts, Investment accounts, Vehicles, Personal property and Business interests.
It is important to note that in Idaho, debts incurred during the marriage are also considered community property and will be divided equally between the spouses. This may include mortgages, credit card debt, or other financial obligations.
The filing fee for divorce in Idaho stands at $207. If you cannot afford the fee, you can request a waiver from the court.
However, additional costs may include divorce attorney fees, process server fees and court fees for hearings and other legal proceedings. This can make it an incredibly expensive process.
Divorce Bob offers a fully online process that allows you to package up all the information for a uncontested divorce starting from $99. The best part? Within 2 business days you can be ready to sign!
The total cost of a divorce in Idaho can range from several hundred to several thousand dollars depending on the complexity of the case and whether it is contested or uncontested.
In Idaho, the minimum waiting period for getting a divorce is 21 days after filing a Petition for Divorce.
However, the actual time it takes to obtain a divorce depends on several factors, such as whether both parties agree on the terms of the divorce, the complexity of the issues involved, and the court's caseload.
On average, an uncontested divorce in Idaho can take between 3 to 6 months, while a contested divorce can take several months or even years. It is recommended to consult with a divorce attorney in Idaho for specific guidance and assistance with the divorce process.
In Idaho, child custody is decided based on the best interests of the child.
The court considers several factors, including their relationship with each parent and their physical and emotional needs.
The court will also consider the mental and financial wellbeing of both parents, as well as any issues around violence, abuse or neglect.
Depending on the case circumstances, the court may award joint custody, sole custody or split custody to one or both parents.