Idaho Divorce Laws

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The state laws of Idaho consist of a separate section on the family law. The divorce procedure in the state is carried out with the help of legal provisions mentioned in this section. The laws for divorce are based on the common guidelines for all states. But, a particular state may make changes according to the specific requirements of its population. The introduction to Idaho divorce laws is necessary for all the applicants who wish to file a divorce appeal in this state.

There are various aspect of divorce like child support, alimony, property division, etc. Here is a brief information about the legalities regarding these issues.

Idaho Divorce Laws related to Child Support

It is assumed that both partners should contribute to the legal responsibility of supporting the child. The following Idaho Child Support Guidelines enable the courts to reach a decision regarding child support -

  • The legal responsibility of supporting the child is separated in ratio of their Income guidelines, irrespective of whether the parents are remarried, divorced, separated or never married
  • As compared to the needs of the parents or creditors, the child support issue is given more priority when assigning family resources
  • The gender of the custodial parent is not considered while determining support
  • The child support amount may be assigned the value of zero only rarely. When the paying parent has a monthly income less than 800 USD, the Court must meticulously consider the income and living expenditure. Then, it must allow the parent, self support sources at a minimum subsistence level and further calculate the maximum amount of child support possible. There exists a rebuttable assumption that 50 USD per child is the minimum support per month
  • The child support is a mandatory payable amount that should not be avoided under any circumstances. Any kind of delay or failure to pay such amount would be considered as a violation of the law
  • If the parents agree on the issue of child support in their agreement, the court may examine the provisions that are mentioned and approve them if they fit the requirements of the law

Idaho Divorce Laws related to Child Custody

The issue of child custody is often decided by the mutual discussion between the divorcing parents. If the issue is not settled by the spouses, the court states what would be the appropriate decision for the children. The Court grants shared custody or joint legal custody or joint physical custody, while keeping in mind the intention of the best interest of the child. The Court is guided by the below mentioned issues -

  • Any proof of domestic violence
  • The relative fitness of both parents
  • The requirement of promotion of continuity in the life of the child
  • The adjustment of the child in the community, in the school and at home
  • The relation of the child with the siblings and each parent
  • The desires of both parents
  • The desire of the child

Spousal support

If the partner requesting alimony is not capable of self support and has the scarcity of enough property to suffice for the reasonable requirements, then the Court may release orders to the other partner in order to pay spousal support. The amount of alimony is decided on the basis of following factors -

  • The partner supposed to pay alimony must have a capacity to fulfill self requirements
  • The earning capacity, emotional state, physical condition and age of the partner requesting spousal support
  • The period needed by the partners to attain enough education to seek employment
  • The economical resources of the partner requesting alimony
  • The fault of either spouses in marital life
  • The period of marital life
  • The physical factors like age and health of the partners
  • Any other factors as the court may consider as relevant to the matter

Property distribution

The Idaho Statutes 32-712 are observed while determining distribution of property. Generally, the marital estate is separated equally as this state is a community property state. The personal property gained through the inheritance or gifts, is excluded from the division. To decide the property division, the following factors are taken into account -

  • The retirement benefits of both partners
  • How the award of spousal support has taken place
  • The requirements of both partners
  • The liabilities, earning potential, occupation, health and age of every partner
  • Presence of any prenuptial agreements
  • The period of marital life

The necessary requirement in the Idaho divorce laws is of residency. The applicant or the spouse should be physically present in the state for at least six weeks before making an appeal for divorce. So, it is essential to fulfill the residency conditions prior to the filing of a divorce case in Idaho.

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