Boise Divorce Lawyer

Many people going through a divorce have never had to navigate the legal system before. Even if you have, the process can be overwhelming, as each situation is unique. Our firm is here to help you throughout every aspect of your divorce proceedings. We prioritize your best interests while working for favorable, agreeable solutions to a variety of issues. If a peaceful resolution is not possible, we are prepared to advocate for you in court. 

Our Boise divorce lawyer can handle every aspect of your divorce proceedings, including but not limited to: 

• Child support 
• Child custody
• Spousal support/alimony
• Division of assets
• Contested divorce
• Uncontested divorce
• Post-divorce modifications
• Mediation
• And more

Understanding Idaho's No-Fault Divorce Regulations

Consider Idaho as a fault and no-fault state. A party may file on the grounds of irreconcilable differences and that is sufficient grounds to end a marriage by either party in the State of Idaho.  The State of Idaho also has various grounds for divorce listed in Idaho Code Title 32 Chapter 6.  There may be compelling reasons to plead one of those grounds for divorce depending on your case; however, if you plead grounds for divorce other than irreconcilable difference, those grounds must be agreed to by the other party or proved at trial in order to have your divorce granted for a reason other than irreconcilable differences.

Step-by-Step Guide to Filing for Divorce in Boise

To get a divorce in Idaho, follow these steps to navigate the legal process:

• Meet Residency Requirements: Ensure you or your spouse meet Idaho's residency requirements. Either one of you must have lived in the state for at least six weeks before filing.
• Determine Grounds for Divorce: Idaho allows both no-fault and fault-based divorce. No-fault is based on irreconcilable differences, and a fault-based divorce can be due to adultery, cruelty, or willful desertion.
• Prepare Necessary Forms: Obtain the appropriate divorce forms. These can typically be acquired from the courthouse, online, or through your attorney. Fill out the forms accurately and completely.
• File the Divorce Papers: Submit the completed forms to the county court where you or your spouse reside. Pay the filing fee unless you qualify for a fee waiver.
• Serve Divorce Papers: Ensure your spouse is served with the divorce papers following Idaho's rules of service. This may involve personal service by a third party or acknowledgment of service by your spouse.
• Negotiate and Reach Settlement: Work with your spouse and their attorney (if applicable) to negotiate the terms of the divorce, including property division, child custody, support, and alimony. Try to reach an agreement to simplify the process.
• Court Hearing: If you and your spouse can't agree on all terms, you may need a court hearing to present your case to a judge.
• Receive Decree of Divorce: Once the judge approves the divorce, you'll receive a decree of divorce finalizing the process.

It's advisable to consult with a Boise divorce attorney to guide you through the legalities, especially if your divorce involves complex issues or disagreements.

FAQs About Idaho Divorce

What are the residency requirements for filing for divorce in Idaho?

Either spouse must have been a resident of Idaho for at least six weeks before filing for divorce.

How long does it take to get a divorce in Idaho?

There is a mandatory 20-day waiting period after filing before the court can finalize the divorce. However, contested divorces can take several months or longer.

How is property divided in a divorce in Idaho?

Idaho is a community property state, meaning assets and debts acquired during the marriage are generally split 50/50 unless a different agreement is reached.

Is Idaho a 50/50 child custody state?

Custody decisions are based on the best interests of the child and not automatically split 50/50. Courts consider factors such as the child’s relationship with each parent, stability, and parental fitness.

How is child support calculated in Idaho?

Child support is determined using Idaho Child Support Guidelines, which consider each parent's income, custody time, and other financial factors.

Can I get alimony (spousal support) in Idaho?

Alimony is not automatic. Courts consider factors like the length of the marriage, financial need, and the ability of the other spouse to pay.

Can my spouse stop the divorce if they don’t want it?

No. If one spouse wants a divorce and files for it, the court will grant it, even if the other spouse disagrees.

Can I modify child custody, child support, or alimony after the divorce?

Yes, modifications can be requested if there is a significant change in circumstances, such as job loss, relocation, or changes in the child’s needs.

Do I need a lawyer to get a divorce in Idaho?

No, but having a lawyer is recommended, especially if the divorce involves property disputes, custody battles, or complex financial matters.