Idaho divorce laws
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 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 due the funds must notify the department of health and welfare.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Residency 
 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.
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:
- The wishes of the child's parent or parents as to his or
her custody
- The wishes of the child as to his or her custodian
- The relationships of the child with his or her parent or
parents, and his or her siblings
- The child's adjustment to his or her home, school, and community
- The character and circumstances of all individuals involved
- The need to promote continuity and stability in the life
of the child
- Domestic violence
Grounds for Divorce
Divorce will occur in the state of Idaho if one
of the parties dies, or a judgment of a court
decreeing a divorce of the parties. Divorces
may be granted for any of the following causes:
- Adultery
- Extreme cruelty
- Willful desertion
- Willful neglect
- Habitual drunkenness or addiction
- Conviction of felony
- Permanently insanity
| Divorce Myth: It
is usually men who initiate divorce proceedings. Reality: Two-thirds
of all divorces are initiated by women. One recent study found
that many of the reasons for this have to do with the nature
of our divorce laws. For example, in most states women have
a good chance of receiving custody of their children. Because
women more strongly want to keep their children with them,
in states where there is a presumption of shared custody with
the husband the percentage of women who initiate divorces
is much lower. Also, the higher rate of women initiators is
probably due to the fact that men are more likely to be "badly
behaved". |
Mediation
Idaho divorce statutes mandate 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 or counseling, the court will decide
on the merits of that request.
Alimony
 During the divorce process or at the time of
a divorce decree, the court may grant a maintenance
order (alimony) if it finds that the spouse
seeking maintenance 1.) lacks sufficient
property to provide for his or her reasonable
needs; and 2.) is unable to support himself
or herself through employment. The maintenance
order (alimony) will be in amounts and duration that the court deems just.
Factors that can be considered when awarding alimony are:
- The financial resources of the spouse seeking maintenance
- The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment
- The duration of the marriage
- The age and the physical and emotional condition of the spouse seeking maintenance
- The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance
- The tax consequences to each spouse
- The fault of either party ( your behavior impacts the judge's decision )
| Divorce Myth: Having a child together will help a couple to improve their marital satisfaction and prevent a divorce. Reality: Many studies have shown that the most stressful time in a marriage is after the first child is born. Couples who have a child together have a slightly decreased risk of divorce compared to couples without children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together “for the sake of the children”. |
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.
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.
Dividing Assets
 Idaho is known as a Community Property state.
This term can be 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 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. Factors which may bear upon whether a division
shall be equal, or the manner of division,
include, but are not limited to:
- Duration of the marriage
- Any post-nuptial agreement of the parties
- The age, health, occupation, amount and source of income,
vocational skills, employability, and liabilities of each spouse
- The needs of each spouse
- Whether the apportionment is in lieu of or in addition to
maintenance
- The present and potential earning capability of each party
- 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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