Idaho Divorce & Separation
While getting a legal separation or divorce is commonplace across the country, each state has its own unique laws and rules that govern the process. It’s important to familiarize yourself with the laws in your state before jumping into the divorce process. What are the requirements for getting a divorce in Idaho? Are there simplified divorce proceedings available in Idaho? Is mediation a requirement before you can get an Idaho divorce? Find the answers to your Idaho divorce questions here.
Idaho Legal Separation:
Legal separations are allowed in Idaho. One party must be a resident of the state, and as long as both parties agree to the separation, the court will not automatically direct the pleadings toward divorce. The court can and does make orders with regard to any issues relating to the care and custody of minor children that may be involved, and any judgments made are always open for revision at the court’s discretion, for example when parents’ circumstances change and the children’s needs change as a result.
Grounds for Divorce/Fault – No Fault:
Idaho has both fault and no-fault grounds for divorce. No-fault grounds for divorce are simply “irreconcilable differences,” while fault-based grounds must be more specific, for instance cruel & inhuman treatment, adultery, abandonment, felony conviction, alcohol addiction, and/or permanent insanity.
Residency/Where to File for Divorce:
To file for divorce, the plaintiff must have been a resident of Idaho for at least six weeks before filing, and the petition must be filed in the court with jurisdiction over the county in which either party resides (defendant’s county preferred).
Availability of Simplified or Special Divorce Procedures:
There are no major procedures in Idaho that allow for simplified or special divorces. In some counties, it may be possible to finish the divorce process early if both spouses are in agreement on all material issues to the divorce. A divorce may also be granted upon the default of the defendant. Otherwise, there is no standard for expedited divorce procedure in Idaho.
Idaho Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in Idaho:
A mediation session may be called to resolve matters that are still contested but will ultimately be solved with less acrimony in a mediation setting as opposed to the litigation environment. Where children are involved, mediation may be appropriate to help ensure they are properly cared for despite parents’ differences. Courts have the authority to order alternative dispute resolution when they see fit. In general though, a mediation session will only be called for when there are issues that can clearly be resolved and agreed upon amicably through a conference rather than forcing the parties, the children, and the crowded court system to suffer through unnecessary litigation.
An annulment is a court declaration that your marriage is legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with, for reasons including fraud, duress, one party’s minor status at the time of marriage, or consanguinity (incest).
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