Idaho No Fault Divorce

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After few years of marriage, several people realize that their marital relationship is surrounded with numerous unresolved problems. And they are no more capable to make any further adjustments with their marital problems. As a result, most of people end up with a decision to legally dissolute their marriage, in order to have a peaceful time at a later stage of their lives. The no fault divorce is the most popular divorce process in most of the states where the spouses cite reasons such as irreconcilable differences in order to obtain a divorce. The grounds for a no fault divorce is defined by most states, and partners obtain divorce on this very ground.

Idaho no fault divorce is also a kind of divorce that can be obtained on the basis of definite ground and specific requirements that needs to be fulfilled in advance. It is quite feasible for divorcing partners to contest an Idaho no fault divorce by self; without hiring the services of any divorce attorney. If this sort of divorce is an uncontested one, then, a Do It Yourself Divorce is recommended. However, it is advisable that in other forms of divorces, the divorcing partners should take the advice of an attorney. It is observed that extra attention is given to all set of divorce papers specifically related to a no fault divorce case. Divorce papers are usually drafted as per the laws and policies made in the Idaho state. Some additional forms such as, child support affidavit, parenting plan, etc, may be included depending upon the circumstances between the spouses during their divorce proceedings. Here, we are mainly focused to discuss all essential points associated with Idaho no fault divorce process.

Grounds of Idaho No Fault Divorce

In order to file a divorce in the state of Idaho, a definite ground is expected to be essentially mentioned during the filing process. Here we are listing some of the major grounds followed in the state:

  • Irreconcilable differences
  • Staying separate: If the spouses have been living separately apart or being separated. For example, if either of two partners have already been separated and staying separately for more than five years or planning to have a separation.

Residency requirements of Idaho no fault divorce

It is mandatory for both the spouses or only the divorcing partner who files the divorce papers to have resided in this state for at least six months prior to the filing date.

Some features of the no fault divorce

  • It has been recorded that in this type of divorce, divorcing parents desire that their children should not be adversely affected. So, these parents settle issues like child support and child custody outside the court.

  • The divorcing parents draft a marital agreement form. This form comprises of visitation schedule and details of child custody plan and likewise. When the Judge signs the decree of dissolution of marriage or gives the final trial date, the agreement is endorsed by the court.

  • If the divorcing parents fail to reach an agreement regarding their children, then, the court considers the requirements and best interests of the child, while taking decisions related to the child custody and child support matters.

  • The marital property is equally distributed between the divorcing partners, except when the issue of property distribution is a contested one. In this respect, Idaho is a community property state. Some of the major points considered during distribution of property are as follows
    • Retirement benefits like military retirement benefits, civil service retirement benefits and Social Security are considered.
    • The current and future earning capacity of the party
    • Whether spousal support is included in the case or not. This is because spousal support issue can greatly affect the final decision of property distribution.
    • The requirements of each divorcing partner in terms of maintaining the same standard of living as it was during the marriage and sources to support one's own life after the divorce.
    • The liabilities, vocational skills, amount of income, occupation, health and age of each spouse.

  • It has been observed that although one divorcing partner commits considerable wrongdoing, the other divorcing partner files a divorce on no fault grounds. Such a thing happens because some people wish to keep their children and themselves away from court battles.

  • It has been observed that although one divorcing partner is found with considerable wrongdoing, the other divorcing partner files a divorce on no fault grounds. This is because some people wish to keep their children and themselves away from court battles.

  • As per the laws in this state, if the fault of one divorcing partner can be proved by the other divorcing partner, then this other divorcing partner is at an advantage because the court would deal in a fair manner, especially when solving issues related to property division, spousal support, child custody etc. This is one of the reasons why individuals shift from no fault divorce to fault divorce.

It can be stated that Idaho no fault divorce procedures include all essential considerations such as meeting the residency requirement and highlighting the specific grounds on the basis of which spouses can be permitted to be separated permanently.

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