Idaho is often associated with potatoes.
But its official nickname is “the Gem state.” If the shine from your wedding ring is wearing off, you may want to read this summary of Idaho divorce laws.
Idaho divorce laws on adultery
There are many grounds for divorce under Idaho divorce laws. Most divorces in Idaho, and anywhere else, are granted on a “no-fault” basis. That just means that neither spouse necessarily did anything wrong. The couple simply wants to split up and go their separate ways.
In Idaho, that requires a couple to show a court that they have “irreconcilable differences” giving them substantial reasons for not continuing the marriage. In reality, this just means at least one spouse telling the court they want out of the marriage.
In the old days, the only way to get a divorce was to prove that your spouse did something wrong – something like indulging in extramarital affairs.
These “fault” grounds for divorce are rarely used anymore, but they still exist in Idaho state divorce laws. The fault grounds in Idaho include adultery, as well as extreme cruelty, willful desertion, willful neglect, habitual intemperance, the conviction of a felony, and insanity.
Idaho divorce laws on property division
The most painful part of most divorces is splitting up a couple’s assets.
Not every couple has young children, after all, but most couples are reliant on each other financially at least to some degree. Idaho is a community property state, which means that anything one spouse earns after the marriage (with a few exceptions like inheritances) will be jointly owned by both spouses.
That means a wife has equal rights to her husband’s bank account, for the most part.
During a divorce, the court is required to divide up the community property in a “substantially equal” way unless there are “compelling reasons otherwise.”
Reasons for giving one spouse more property can include the duration of the marriage, the age, health, and earning capacity of the spouses, the needs of each spouse; retirement benefits in place, and whether maintenance is being ordered.
As per Idaho divorce laws on property division, spousal maintenance means one spouse will make regular payments to the other in order to ensure both spouses are protected after the divorce.
Idaho divorce laws for children
When a couple with children at home gets divorced, then what will happen with the children is often an even more painful fight than money. That is in part because money is involved in the child care issue.
A court has to look at the situation and decide what is best for the “welfare” of the child. Usually, the parents will come to an agreement on how child custody should be shared because it is very difficult for everyone once a judge gets involved.
Once custody is figured out, child support guidelines can be calculated based on where the child is living and how much each parent makes.
A judge will usually follow the guidelines, which can be turned into a simple calculator. The judge can deviate from the guidelines for a good reason, though.
Always remember that child support is temporary. It can be adjusted as the child grows up and it will go away once the child reaches adulthood.