Idaho divorce - General Divorce Procedure.
A divorce still may be granted if the defendant fails to answer the complaint for divorce (default judgment). Marital settlement agreements are authorized. These agreements must be in writing and notarized. If the marital settlement agreement contain ... More details
Idaho divorce - Grounds for Idaho Divorce.
Idaho recognizes no fault grounds for divorce as: 1) Irreconcilable differences; 2) Living separately and apart without cohabitation for five years. ... More details
Idaho divorce - Legal Separation.
There are no provisions regarding legal separation. ... More details
Idaho divorce - Mediation or Counseling.
Idaho has a mandatory 20-day period before granting a divorce, unless the spouses agree other- wise. Either spouse may request a meeting to determine whether there can be reconciliation. If it is determined that there may be a practical chance for re ... More details
Idaho divorce - Property Distribution.
Idaho is a "community property" state. Each spouse's separate property consists of:
(1) all property acquired prior to the marriage; (2) property acquired by gift either before or during the marriage; and (3) property acquired ... More details
Idaho divorce - Residency Requirements.
The spouse filing for divorce in Idaho must have been a resident of the state for six full weeks before filing for a divorce.
[Idaho Code; Title 5, Chapter 404 and Title 32, Chapter 701]. ... More details
Idaho divorce - Rights to Maiden Name.
No legal provision addresses restoration of former name; however a general statute provides for a petition for the name change. ... More details
Idaho divorce - Spouse’s name.
There is no legal provision in Idaho for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows a person to apply for a name change by petition to the court. [Idaho Code; Title 7, Chapter 801-4]. ... More details
Idaho divorce - Title of Divorce action.
Complaint for divorce. ... More details
Idaho divorce - Where to file for divorce.
File for an Idaho divorce in the county where the defendant resides, or, if a non-resident, in the county where the plaintiff resides. ... More details
If both divorcing spouses have the same lawyer.
One lawyer may not represent both parties in a divorce action. Only by having separate attorneys can the parties be sure their particular interests are interests are asserted to the fullest extent possible in the process. In certain circumstances, (f ... More details
If I Do Not Want a Divorce?
Just because your spouse wants a divorce does not mean you have to agree with it. Divorce is something that slowly builds. It is rarely something that happens over night. Your spouse may have made up his or her mind up long ago that divorce is the on ... More details
If the nonpaying spouse lives with someone.
"Unmarried cohabitation" is usually is considered a "changed circumstance" that might persuade a judge to modify the support order downward, on the theory that you have a decreased need. Some states may go further and provide for ... More details
If the nonpaying spouse remarries.
Unless the parties agree otherwise, spousal support obligations generally end with the remarriage of the spouse who is getting the support. Consult with a family law attorney in your area. ... More details
If the spouse paying support dies.
Generally, in family law, the obligation to support ends with the death of the paying spouse. This, however, is one of the issues that the parties should negotiate. You might agree that spousal support will continue even after the death of the paying ... More details
If you can't afford a divorce attorney for filing for the divorce.
Some people cannot afford a divorce attorney to help with the divorce proceedings. Generally, if there is a significant difference in the spouse's incomes, the judge will order the spouse with the higher income to pay some or all of the divorce attor ... More details
If you can't find your spouse.
Sometimes it can be difficult to inform your spouse of the divorce. This will depend upon state family law, but states usually provide that if your process server has tried unsuccessfully to deliver the complaint personally, it may be left at his or ... More details
If you don't pay child support on time.
If it's truly an accident and happens only once, little may happen if you fix it fast. But if you fail to pay after divorce, your wages can be garnished and your bank account or other property can be seized. ... More details
If your ex-spouse refuses to let me see my child.
If the custody order provides for visitation rights, and your ex-spouse will not let you see your child, you may ask the judge for an order holding your ex-spouse in contempt of court - which could result in a jail sentence if the refusal continues. ... More details
If your spouse refuses to pay.
According to family law, you may enforce the support order the same way you could enforce any other judgment.
In family law, the most effective ways is to get what is sometimes called a "wage assignment order". This is a court ... More details