Divorce Residency Essentials to Get Divorce in Idaho
To file for divorce in the state of Idaho, the filing party must have been a resident of the state for at least six weeks. This is the case whether you are utilizing a do-it-yourself divorce program or if you decide to file with a divorce lawyer in the court system.
Reasons for Divorce in Idaho
Idaho recognizes irreconcilable differences causing the irremediable breakdown of marriage as a no-fault grounds for divorce. There are also at-fault grounds for divorce including, but not limited to, insanity, conviction of a felony, will fold insertion, cruel and inhumane treatment, and adultery. Establishing grounds can be done as you fill out your divorce documents utilizing the questionnaire on OnlineDivorceSolutions.com.
Custody of the Children in Idaho
Child custody is determined based on what is in the best interests of the child or children involved. The court considers a number of factors to determine what would be in the best interests of the child. These factors include the wishes of the child, the bond between the child’s parents and siblings, the wishes of the parents, and the child's adjustment to home, school and his or her surroundings.
The court assumes that a child’s best interests would be served through joint legal custody. Legal custody grants a parent the power to make major decisions in a child’s life. Legal custody is not the same as physical custody and does not mean that a parent will have 50-50 access to the child.
Idaho Child Support Guidelines
Child support guidelines set by the state of Idaho will apply in virtually every case. Both parents' gross income and certain child related expenses will be taken into consideration when calculating child support. Child support payments shall continue until the child reaches 18 years of age but may be extended through the completion of the child’s high school education.
Divorce should be filed in the county where the defendant or responding party has an established residence. If the defendant lives out of state or his or her address is unknown than the divorce should be initiated in the county where the plaintiff resides.
By law, parties shall mediate all child-related issues in a court-appointed mediation environment. The parties may also initiate voluntary mediation at any time before or after divorce action has commenced whether using a DIY divorce service or filing with lawyers in a court.