Helping people get over a tough relationship, get more time with their kids, and get to a better place in life.
Planning to get a divorce but having lots of things in mind ? Let us help ease your troubles.
Boise Divorce Lawyer
When marriage is going rock-bottom, it is often the most unhappy time for both individuals. As relationships fail, it comes with a lot of painful concerns and consequences that ranges from psychological, emotional, and even financial issues that doesn’t involve both parties but also their family, most especially – the children. Though sad as it may seem, it needs to happen for both parties to move forward and pursue better things in life.
Ranked as 4th among the states in the US with the highest divorce rate, Idaho scored 13.1% based on statistics with 3.9 to divorcees out of 1000 population. Being both fault and no fault state, you don’t have to prove that either one of the parties is accountable for the divorce or that there is not a rational possibility that the marriage can be preserved, hence the marriage is unrepairable.
Filing for Divorce in Boise, Idaho?
Whether you can or should file for divorce in Ada County, Idaho depends on a number of factors such as residence, the length of your residence, where your spouse lives if they don’t live in Boise, Meridian, Eagle, Kuna or elsewhere in Ada County, if there are marital properties here, if the kids live with both parents, and several other considerations. The decision where to file is not as easy as one would think.
Consulting with your Boise divorce lawyer prior to deciding how to file will ensure that you understand the options available to you when you decide to file for divorce and make the right choice for your individual situation.
Idaho Divorce Attorney
Idaho Child Custody Lawyer
DIVORCE CAN BE FINANCIALLY BURDENSOME. BUT WORRY, NOT.
Facing a divorce comes with arising family issues that diverts your attention away from some of the most important things in your life. As you have acquired assistance from a professional divorce attorney to get you through the process, managing your finances becomes worrisome.
We at Boise Divorce Law, know the struggle and how stressful this situation can be. That is why, we found a way to ease your burden of paying attorney fees. iQualify - our financing partner - offers a tailor fit financial service that allows you to settle lawyer fee in a payplan setup with a minimum down payment, affordable payment plan, and low monthly payments..
Once eligible, you can now secure legal representation and ease your financial worries that come with divorce.
Frequently Asked Questions
In contrast to other states which have gone exclusive to no fault divorces, the laws of Idaho state covers allow both fault and no fault divorce.
Filing for a fault divorce is possible in the state provided with valid reasons. Among of these are:
- Habitual drunkenness for more than a year
- Physical and Psychological Violence
- Convicted with Felony
- Desertion (living apart for a year with intention to leave the marriage)
- Willful neglect (failure of husband to provide for the family due to refusal of work or laziness; can only be claimed by a woman)
As most states require at least 6 months residency for a spouse to file the initial paperwork for divorce (aka plaintiff), Idaho state only requires a minimum of six (6) weeks of being a resident for one to file for a divorce.
Claims for spousal support in Idaho comes with a lot of factors to consider. Factors such as:
- Financial resources of both spouses
- Time for the spouse seeking support to acquire education and training to find employment
- Physical & Psychological health condition of both spouses
- How long they were married.
20 days from the time you initiated divorce proceedings and paperwork is served to the defendant.
Being a community property state, the couple’s marital assets will be divided equally, with an exception of having a compelling reason to do otherwise.
Such reasons can either:
- length of marriage
- job skills
- health and age of each spouse
- retirement benefits
- current and future earning capacity of each spouse
Custody heavily relies on the best interests of the children. If the parents cannot agree to a mutual custody arrangement, the courts of Idaho will take over and make a decision for them.
It also comes with a lot of factors such as:
- gross monthly income of each parent
- expenses of each parent
The parent with primary physical custody is usually the parent who receives child support, but not always the case.
Child Custody Law
While physical custody only decides where the child should live, legal custody is being awarded by the court to the parent giving him or her the full rights to make decisions and gain full responsibility of the child.
This includes education, religion, and etc.
The state of Idaho Child Custody laws has NO age limit requirement for a child to decide which parent he or she wants to live with. Provided that the child is mature enough to make sound reasoning and independent preferences in parenting schedule, the court of Idaho grants this right to the child.
Both parties maybe ordered to undergo mediation to settle and arrive on a certain agreement. If both parties still oppose, the court will summon a custody order through a hearing that requires both sides to deliver their testimonies and present concrete evidence.
In most cases, NO. Although, if the child is in the right maturity to speak his or her mind and make sound reasoning, either parents may request for the judge to speak with the child in private.
Child support and visitation are considered 2 seperate legal issues. If cases like this occur, a parent may NOT refuse the other parent’s right for visitation regardless he or she wasn’t able to comply his financial duties for child support.
With sole custody, only one parent has the authority and responsibility to make decisions for the child’s welfare. Joint custody on the other hand, is having the right for each parent to have their child live with him or her for a significant period of time, which may not be necerssarily equal for both parents.