Divorce and Family
Divorce / Annulment / Legal Separation
Idaho Legal Options to End or Suspend a Marital Relationship:
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Divorce
Idaho is a no-fault state and allows a divorce on the grounds of “irreconcilable differences” (Idaho Code § 32-616). Meaning you do not need to prove a reason to the judge why you should not be married. Other fault-based grounds for divorce exist such as adultery, extreme cruelty, and neglect – which can and should be raised in certain circumstances. We encourage our clients to look at divorce as a last resort. However, when divorce is inevitable, we can help make these determinations.
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Annulment
An annulment is different from a divorce in that an annulment dissolves a marriage as though it never happened. There is no such thing as a no-fault annulment, like there is for a divorce. An annulment can often create difficulties in cases where the parties have amassed significant quantities of community property during the marriage. If you are considering an annulment, we encourage you to speak with one of our attorneys.
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Legal Separation
Legal separation is available in Idaho to suspend a marriage. This action is not required for parties to physically separate from each other. Instead individuals that seek a legal separation are usually attempting to preclude liability for the actions of the other spouse. However, legal separation does not suspend community property laws and will usually require a post-nuptial agreement to assign rights and obligations of the parties during the time of separation. If both parties cannot mutually agree on the terms of a legal separation, most often those cases result in a separate filing for divorce.
Child and Custody Support
Please, see our Custody and Support page.
Property & Debt Division
Spousal Maintenance (Alimony)
**The information above is general guidance regarding principles of law in Idaho. The foregoing is not intended as legal advice in any particular matter. Because all cases are dynamic and deserve special planning, we encourage you to contact the attorneys at our firm to answer questions regarding your specific case.**