Divorce Guide to Idaho

Divorce Guide to Idaho

A woman's guide to getting a divorce in Idaho

Posted to Resources by First Wives World on Tue, 08/17/2010 - 1:29pm

IDAHO DIVORCE LAWS:

The Residency Requirement: The party filing the complaint must have lived in Idaho for six weeks.

Grounds: No Fault: Irreconcilable differences; Living separate and apart for a period of five years or more without cohabitation.
Fault: Adultery; Extreme cruelty; Willful desertion; Willful neglect; Habitual intemperance; Felony conviction; Insanity.

Division of Property: Idaho is a community property state, meaning all property acquired during the marriage is owned by the community. The property is then divided between the members of the community according to “equitable” principles, that is fairly, not necessarily equally (click the following for an expert's advice on dividing up property as a result of divorce).

Alimony: The court can grant alimony if it finds that the spouse seeking alimony lacks sufficient property to provide for his or her reasonable needs and is unable to support him- or herself through employment. This means there is an obvious preference against awarding alimony if a person can support himself or herself by working.

Child Custody and Child Support: As in every state, custody is based on “the best interests of the child.” Legal and/or physical custody may be awarded to the father or the mother. There is a presumption in favor of joint custody, but that presumption can be overcome (click the following for an overview and list of articles on child custody and child support).

Idaho child support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.

For a combined gross monthly income of:

• $2,000, support for one child is $342; for two children, $502; for three children, $582
• $5,000, support for one child is $725; for two children, $1,092; for three children, $1,300.
• $10,000, support for one child is $1,100; for two children, $1,633; for three children, $2,008.

Child support ends at age 18, or 19 if the child is still enrolled in high school.

 

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.