Going through a divorce or any family law issue is a very stressful time. At Idaho Divorce Center we will walk you through the process in a way that tries to minimize the stress, confusion, anxiety, and all the other emotions that come along with dealing such a life changing event. We serve the entire treasure valley, so, if you are in need of a divorce attorney in Boise, Meridian, Nampa, Kuna, or Eagle, contact us today.
What is Family Law?
Family law encompasses a broad range of legal issues related to family relationships, such as
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- Divorce
- Asset division
- Spousal support
- Child custody
- Paternity issues
- Child visitation
- Child support
- Annulment
- Adoption
- Guardianship
- Pre and post-nuptial agreements
PRACTICE AREAS
Divorce in the State of Idaho
Unlike most states, you must only be a resident of the state of Idaho for six weeks in order to qualify to file for a divorce in the state. Whichever spouse is filing for divorce is the plaintiff, while the other spouse is the defendant. The filing spouse must determine whether to file a no-fault divorce, which means he or she must only cite irreconcilable differences or must file under a “fault” divorce. The state of Idaho allows the following “faults” for those filing for a divorce: Adultery, A felony conviction, Permanent (at least three years in a mental institution) insanity
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Call us 208-953-1466 today to set up a consultation to discuss your current family law needs.
Child Custody
Child custody is almost always an emotional issue, and some parents transfer their feelings over the divorce over to the child custody matters. In the end, if the parents are unable to agree on a custody arrangement, the court will make that decision for them—and in ways neither parent might be happy with. There are two types of custody—legal and physical.
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SPOUSAL SUPPORT
If one spouse requests spousal support, the court will consider a number of factors when making that determination, such as the physical, mental and emotional health of both spouses, the ability of both spouses to make money, whether the requesting spouse needs the support to obtain education or training to secure employment, how long the marriage has lasted, and whether one spouse supported the other in his or her education and career endeavors.
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Call us 208-953-1466 today to set up a consultation to discuss your current family law needs.
Child Support
Unlike spousal support, there is a specific formula for determining child support, known as the “Idaho Child Support Guidlines.” This means the court will estimate the amount the parents would spend on the children if the family were intact, then this amount will be divided between the parents, based on their relative incomes and time that each parent has with the minor children.
Child Support
Unlike spousal support, there is a specific formula for determining child support, known as the “Idaho Child Support Guidlines.” This means the court will estimate the amount the parents would spend on the children if the family were intact, then this amount will be divided between the parents, based on their relative incomes and time that each parent has with the minor children.
joe,B.S., J.D. – attorney
Joe is originally from Kansas but found that he loved Idaho so much while he was in the Air Force that he decided to return after law school and a short stay in Montana. Joe is dedicated to providing the treasure valley with affordable, quality representation to individuals and families in need of family law services. He understands that going through any legal issue is difficult, and that family law issues can be even more difficult as the outcomes and results of the case are life altering events.
DIVORCE FAQS
What are the residency requirements for an Idaho divorce?
The plaintiff (the spouse who files the initial paperwork) must have resided in the state of Idaho for at least six weeks prior to filing. This is a considerably shorter amount of time than most states require (usually at least six months residency).
Does Idaho support no-fault divorce?
While most states have gone exclusively to no-fault divorces in which a spouse must only claim irreconcilable differences, Idaho allows both no-fault and fault divorce. If you choose to file for a divorce based on fault, these are the “faults” allowed by the state of Idaho:
- A felony conviction
- More than a year of habitual drunkenness
- Extreme physical or mental cruelty
- Adultery
- Willful neglect (can only be claimed by a woman, and is defined as a husband who failed to provide his wife with the basic necessities of life because of his refusal to work or overall laziness for at least one year)
- Desertion (one spouse lived apart from the other for a year or more with the intent of leaving the marriage)
Permanent insanity (one spouse has spent at least three years in a mental institution).
Is there a waiting period associated with a divorce in the state of Idaho?
From the time you initiate divorce proceedings and the paperwork is served to the defendant, there is a mandatory waiting period of 20 days.
CHILD CUSTODY FAQS
What is joint custody?
Joint custody could encompass joint legal custody, joint physical custody, or both. The parents could have joint legal custody, meaning they would make the decisions regarding education, health, religion, etc., together, while joint physical custody would mean the children spent roughly equal amounts of time living with each parent (although a true 50/50 split is rare, and can be difficult to accomplish).
Joint physical custody could mean the children live with one parent Monday through Thursday, and the other parent Friday through Sunday, or something comparable. If one parent has sole physical custody of the children, then the other could have liberal visitation rights, or, depending on the situation, could have minimal visitation rights, or even supervised visitation rights.
If both parents share custody, who pays child support?
In the state of Idaho, child support is determined by the gross monthly income of both parents, as well as each parent’s expenses. The parent who spends the majority of time with the children is a factor in how much child support will be paid, although it will not totally determine how much child support one parent will pay.
Are visitation and child support linked?
A parent is not allowed to deny visitation to the other parent, even if that parent has not paid child support. Visitation and child support are two separate issues; if the parent who is obligated to pay child support has not paid that support, then the other parent must go through the proper legal channels to enforce payment. While that is happening, however, visitation cannot be denied to the other parent.
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