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Idaho Divorce Facts

When going through a divorce in in Idaho, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Idaho should know. The facts listed here are only a selected few of the more comprehensive set of Idaho Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Idaho Divorce Professional.

  • The filing spouse must live in the state for at least six weeks.
  • Idaho recognizes common law marriages (if united before January 1, 1996).
  • Idaho is a community property state. This means that in any Idaho divorce, the court orders a just and equitable division of property acquired during the marriage. The judge does not divide any property acquired before the marriage. Instead, each spouse keeps his or her separate property after the divorce.
  • When dividing the community property, the court considers the nature and extent of any community property, the nature and extent of any separate property, the duration of the marriage, the payor's other expenses, debts, spousal support, or child support, possible tax consequences for the parties, and special circumstances.
  • The court may decide that one spouse needs financial support from the other. The court grants a request for maintenance to provide the petitioning spouse with basic living expenses in order to maintain the lifestyle he or she enjoyed during the marriage. Before granting a request for maintenance, the court considers if the spouse seeking maintenance lacks sufficient property to provide for his or her basic living expenses, and whether he or she is unable find a suitable job.
  • The amount and duration of maintenance payments depend upon the finances of the spouse seeking maintenance, the time a spouse needs for education and training for a job that will allow him or her to be self-supporting, the duration of the marriage and the quality of life the spouse enjoyed during the marriage, the age and the physical abilities of the spouse seeking maintenance, the ability of the spouse making maintenance payments to meet their own needs while meeting those of the spouse receiving maintenance payments.
  • The court concerns itself with the best interests of the children.
  • The court considers several factors in deciding child custody. The court does not decide custody based on the gender of the parents; that is, it does not automatically assume that a child must reside with the mother. The court always considers the best interests of the children before anything the parents may want.
  • Both parents must provide financial support for all of their minor children. Support is based on the Idaho Child Support Guidelines, which helps the court figure out how much a parent should pay.
  • A parent may always request that a child support order be modified. Modification is granted in order to meet changes in the needs of the children. For instance, if the child has special medical or educational needs, the court may modify the child support order and require that the parents pay for those added expenses. The court may also modify a child support order to reflect changes in a parent's ability to pay the original support order. For example, if the parent becomes unemployed or disabled, the court may modify the child support order in response to that parent's loss of income.

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