One of the most important things you need to understand before you divorce in Idaho is how the court system is structured. Court proceedings, also known as litigation, are court contests in which legal rights are established and enforced.
In Idaho, the party who files for divorce as the respondent, the petitioner, must live in the state of Idaho at least six weeks before the lawsuit begins. To file for divorce in Idaho, the spouse must live in a state with fewer than 1,000 residents at the time of filing. The spouse initiating the divorce (the "applicant") must have been resident in that state for at least two years and two months prior to or another six months prior to the commencement of the divorce, and no more than five years prior to the commencement of the divorce, according to Idaho divorce law.
While most states require six months to file for divorce, Idaho only requires six weeks. You must have been a resident of the state of Idaho for at least two years and Two months before or after the divorce commences to file for divorce in Idaho under Idaho divorce law. In other words, you cannot be a resident of any state other than Idaho at the time of filing for divorce in that state.
If a spouse does not live in Idaho, the divorce must be filed in the county where the spouse lives. If the jurisdiction is Idaho and a divorce and custody lawsuit can be filed in a district outside Idaho, the appropriate jurisdiction in the event of divorce custody is the district where the applicant resides or where both parties reside, whichever party is most likely to testify. Divorce may only be filed in one of the counties where each spouse resides, and may not be filed in a county other than Idaho or in any other county where the applicant resides.
To obtain a final divorce certificate or to apply for custody or alimony, a family court in Idaho must have jurisdiction. The divorce process will vary from state to state, but generally, family courts in each jurisdiction file divorce and custody claims under state law.
If your spouse cannot keep emotions out of the negotiation process, you should consult a lawyer to find out what rights and obligations you would have in a divorce. Take this opportunity to see if you feel comfortable with a lawyer, ask him or her how he or she will handle the divorce proceedings, and discuss the payments. If your spouse has already agreed to mediation or arbitration, you will appoint a lawyer who is familiar with the procedure. Your divorce lawyer will be able to address all the details and accompany you through the entire process. The divorce process is also discussed in mediation and arbitration courts as well as in the family court.
We offer an initial half-hour counseling with an attorney free of charge and are accustomed to experienced divorce lawyers from the Boise, Idaho area with more than 20 years of experience. Contact Foley & Freeman to arrange an appointment with one of our Boise Idaho divorce attorneys for free counseling.
We have decades of experience in family law to ensure that we understand how to approach and resolve all types of divorce issues. Whether it's a divorce, custody dispute or even a civil lawsuit, our Boise family lawyers know the intricacies of litigation and will defend your interests. We understand the emotional burden of family law cases and we represent our clients at every turn. From the introduction of a fair share of spousal maintenance to the legal process of maintenance payments and custody disputes, we are ready to help.
We support our family lawyers in Boise during the process to ensure that you are prepared for any challenges, regardless of the outcome of your divorce or any other type of litigation.
If your children are affected, our family attorneys in Boise will work hard to ensure that your children's interests are valued and protected. Whether you are considering a lawsuit for famine or your legal action has already begun, we will help you as much as possible. Our divorce lawyers in Idaho will look out for your interests while giving you the time and space you need to process your divorce.
Many people who cannot afford divorce are unaware that they can also get the divorce application fees waived. A joint divorce petition can save you money because you would have to serve both spouses with certified sheriff's mail. This simple case can be solved in less than a week, saving you the cost of legal fees.
If you and your spouse can work together, you can file for a pro se divorce with a divorce lawyer and save a lot of money in legal fees and court costs. If you can negotiate the terms of your divorce without a sprawling courtroom, you will be spending less money than if you insist on taking the divorce to court. It is just as easy to finalize a divorce because Idaho requires you to work as much as you can and spend time between filing and finalizing the divorce. This will save you many dollars in legal fees, and if your spouses can work together, it can also save you a little more money in the end.