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Divorce
Forms |
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 So
in the final analysis, the vow "til death
do us part" never really applied. Maybe the
marriage vows should include "as long as
love, honesty and commitment last? Just a thought.
Take a deep breath. If nothing else, we'll give
you some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
Idaho courts,
by virtue of Idaho divorce laws, may order either
or both parents owing a duty of child support
to pay a reasonable amount to the custodian of
the child. Child support orders can extend until
the child has reached 18 years of age. For the
most part, marital misconduct does not play a
part in the award of child support, as Idaho's
child support guidelines determine those amounts.
The Family Court judge will consider the following
in determining who pays, how much they pay, and
by what means they pay (they can exceed the guidelines
with adequate reason):
- The financial resources of
the child
- The financial details of both
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- the custodial and non-custodial parents
- The standard of living the
child enjoyed during the marriage
- The physical and emotional
condition and needs of the child and his or her
educational needs
- The availability of medical
coverage for the child at reasonable cost
- The actual tax benefit recognized
by the party claiming the federal child dependency
exemption.
Under Idaho
divorce laws, child custody will continue until
the child is 18, or if the child is still completing
High School, until age 19.
Child support
payments are paid to the Department of Health
and Welfare.
Child support
payments determined by the court must be paid
to the department of health and welfare. The department
keeps records, and is charged with forwarding
payments received
to the intended recipient within two days of receiving
them.
Should child support
payments become delinquent, the person
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due the
funds must notify the department of health and
welfare.
Are you just starting out with divorce, and
need a blueprint, or guidance, on what to do and
NOT do? Things your attorney may not tell you? Let
a Killer Divorce Attorney and a top Marriage Psychologist show
you exact steps how to become
happily divorced.
Child Support Guidelines mandate the following
percentages of income: 1 child 20%; 2 children
28%; 3 children 32%; 4 children 40%; 5 children
45% and 6 or more children 50%
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Child Custody
Idaho's child custody
is based on the best interests of the child and
guidance is provided by Idaho divorce laws. The
court can give direction, and put orders in place,
in any divorce action that involves a child at
any time. The intent is to provide direction |
as
to the custody, care and education of the children
of the marriage. The court may consider some or
all of the following when determining child custody:1.
The wishes of the child's parent or parents as
to his or her custody, 2. The wishes of the child
as to his or her custodian, 3. The relationships
of the child with his or
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her
parent or parents, and his or her siblings, 4.
The child's adjustment to his or her home, school,
and community, 5. The character and circumstances
of all individuals involved, 6. The need to promote
continuity and stability in the life of the child
and 7. Domestic violence |
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Visitation/Co-Parenting
Co-parenting time is the new visitation.
The court will allow you and your divorcing spouse
the opportunity to agree on your own parenting
schedule. If no agreement is reached, the court
typically awards primary custody to the Mother,
and provides for two weekends per month and an
evening each week to the Father. School recesses
are also included, typically. Holidays are often
alternating, and other days like Mother's and
Father's days will be shared by alternating years.
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During
the separation or divorce process couples have
the opportunity to create a parenting plan that
gives the non-custodial parent visitation or parenting
time with the children. If the parties are unable
to agree on a plan, the court will impose a solution.
Typically that involves alternate weekend visitation
(3-day weekends included),mid-week
visitation, sharing of the children during periods
of school recess -winter, spring and summer, New
Year's Eve, Easter, Rosh Hashanah and Yom Kippur,
Thanksgiving, and Christmas with one parent or
the other in alternate years,
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Father's
Day with Father, Mother's Day with Mother, alternate
years on the children's birthdays, and open communication
by phone and computer. Be sure to include in your
agreement any specifics on transporting the children
e.g. who picks up and drops off, when, and where
etc.
Be aware that you have to guide your side of
the divorce. Don't rely that your attorney will
think of everything. You set the course; your
lawyer navigates. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
Participants in marriages that
end in divorce can receive alimony if they meet
certain non-mingling requirements. Alimony is
largely decided by case law; that is, on cases
decided previously. Most judges grant alimony
in cases where marriages lasted a decade or more,
and with shorter marriages, tend to be less favorable
to alimony requests.
The wife may resume a maiden name
or any previous surname- the husband can
prevent the wife from continuing with his name.
Just so you know, if you were divorcing in Texas,
alimony |
there
when awarded is generally for a period of only three years, and is granted
as a means to allow the recipient some income
as they transition to the work force.
Are you or your spouse having
issues with alimony? It seems whenever a lengthy
marriage ends and one of the parties
stayed home (usually to care for children), disagreements
about who deserves what assets become inevitable.
The truth is this: If you both agreed that one
of you would become a stay-at-home parent while
the other worked outside the home, all assets
earned or received (outside of inheritances) have
to be the equal property of both of you. If only
one of
you funded a retirement account, the
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court
will force that retirement account to be divided
between you.
You may realize that we all need some help
processing all this angst. The help can come in
the form of friends, relatives or professionals.
If you're not inclined to approach family or friends,
and unwilling to pay for professional counseling,
the next best step would be educating yourself,
through reading. This site has a Bookstore
sponsored by Amazon.com, where you can find
some fabulous books on just about every consideration
surrounding divorce. Spend some time and a few
bucks to help yourself get through this nightmare
in one piece.
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Grounds
For Divorce
The standard, basic stuff is found in grounds
for divorce in Idaho.
Divorce will occur in
the state of Idaho if one of the parties dies,
or a judgment of a court decreeing a
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divorce
of the parties. Divorces may be granted for any
of the following grounds: 1. Adultery, 2. Extreme
cruelty, 3. Willful desertion, 4. Willful neglect,
5. Habitual drunkenness or addiction, 6. Conviction
of felony and 7. Permanently insane.
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Marriage
Annulment
Marital Annulment
The court's
approval of an marriage annulment petition is
a declaration that the marriage never took place.
One must prove grounds for an marriage annulment
(also referred to as marital annulment or legal
annulment) have existed. This often takes
the form of witnesses testifying, |
exhibits
presented and an overall more difficult process
than a divorce. Grounds for annulment include:
Marriage of a person under the age of 18 without
the consent of his or her parents, if your spouse
was already married when s/he married you, If
your spouse is mentally ill, either completely
or partially, and this is adversely affecting
your married
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life,
the marriage was obtained by fraud or misrepresentation,
proof that your partner is unable to consummate
the marriage or if you have been forced or threatened
into a marriage.
An annulment is considered
more difficult to get because the burden of proof
is greater than in a dissolution (divorce) process.
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Marriage
Counseling/
Meditation
Idaho divorce statutes specify
that there is a mandatory waiting period of twenty
days before a court may grant a divorce (from
filing date). Should one of the parties request
mediation
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or
counseling, the court will decide on the merits
of that request. No marriage counseling is mandatory. Get
counseling if at all possible. If you go with
an open mind, and are searching for answers, then
this effort can be a rewarding exercise. Remember:
no one is perfect so go explore the person that
drifted away from you (that's you). |
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Legal
Separation/
Marital Separation
Legal separation is most
often pursued when one of the parties wants to
stay married for religious reasons, wants the
advantage of deductibility of spousal support
payments for income tax reasons, wants to maintain
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insurance
coverage's, or do not want to wait the state statutory
waiting period for termination of marital status.
Idaho is similar to other states, in
that the legal separation (sometimes referred
to as a marital separation) process is similar
to the divorce process. All issues relating to
the relationship must be resolved
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before
the judgment can be rendered. In each case the
custody of the children, the amount of child support
and alimony, the division of property and the
responsibility for the payment of debts must be
resolved in the separation agreement, filed before
the court and approved. |
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Waiting
Period
There is a mandatory
waiting period of twenty (20) days from the date
of commencement of the action and service of process
to the granting of the divorce.
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Grandparents Rights
In any case
where the child is actually residing with a grandparent
in a stable relationship, that grandparent will
have standing for evaluating the custody arrangements
of the child. They may petition the court during
or after the divorce process. In any other case,
grandparents may petition the court and be awarded
visitation rights in accordance with the best
interests of the child. |
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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Divorce
Settlement
The parties
will be afforded the opportunity to fashion and
agree to a divorce settlement of their marital
assets and debts. If they are unable to agree,
the court will step in and divide the assets judiciously.
Idaho is known as a Community Property state,
which is defined as both the husband and wife
equally owning all money earned by either one
of them from the beginning of the marriage until
the date of separation. All property acquired
with "community money" is
also community property, without regard to who
purchased it. Assets owned prior to the marriage,
inherited during the marriage, or assets the couple
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agreed
would not be community property get excluded from
the decision. In cases where divorce decrees and
property are concerned, the community property
and the homestead must be assigned as follows.
1. Duration of the marriage,
2. Any post-nuptial agreement of the parties,
3. The age, health, occupation, amount
and source of income, vocational skills, employability,
and liabilities of each spouse, 4. The needs of
each spouse, 5. Whether the apportionment is in
lieu of or in addition to maintenance, 6. The
present and potential earning capability of each
party or
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7.
Retirement benefits.If
a homestead has been selected from the community
property, it may be assigned to either party,
either absolutely, provided such assignment is
considered in distribution of the community property,
or for a limited period, subject in the latter
case to the future disposition of the court; or
it may be divided or be sold and the proceeds
divided.
If a homestead has been
selected from the separate property of either,
it must be assigned to the former owner of such
property, subject to the power of the court to
assign it for a limited period to the other spouse.
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Residency
Requirements
Idaho divorce statutes
dictate that the person who files a petition for
a divorce (dissolution) must have established
residency before filing. Residency is defined
as having lived continuously in Idaho for at least
six weeks prior to filing. One should file either
in the county they reside or in the defendant's
county.
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