Divorce Helping You Overcome This Chapter of Your Life

Divorce Lawyer in Boise

Helping Clients Legally Dissolve Their Marriage

From uncontested divorce to high conflict contested cases, our Boise divorce lawyer provides experienced and comprehensive legal options. Whether we help you resolve your issues through mediation, traditional divorce, or other negotiation techniques, you can count on our attorney to skillfully guide you throughout your legal process. From the initial consultation to the conclusion of your case, you can expect our lawyer to provide personalized advice and guidance that garners a positive outcome to your case.

Call our office today at (208) 285-4272 for your complimentary initial consultation.

How to File for Divorce in Idaho

The state of Idaho has one of the shortest residency requirements in the country. You or your spouse only need to have resided in the state for at least 6 weeks prior to filing. Additionally, Idaho is a ‘no-fault’ divorce state which means that either party does not need to cite the reasoning for the divorce upon filing the document. However, you may provide fault grounds if you choose.

Commonly, these grounds include:

  • Adultery
  • Excessive cruelty
  • Desertion (one spouse lives apart from the other for more than a year with the intention of leaving the marriage)
  • Neglect
  • Felony convictions
  • Confinement in a mental institution for at least 3 years

You may also file for divorce if you have been separated and lived apart for at least 5 consecutive years. Once you have completed the above steps, you must send a copy of the paperwork to your spouse. If they disagree with any part of the document, they can file paperwork that details their side of the issue. If this occurs, the divorce is considered contested and you may have to complete the process before a court.

What Marital Property Can Be Divided?

One of the most contested aspects of divorce is the division of marital property. Idaho is a community property state which means that all assets and debts acquired during the course of the marriage are considered to belong to both spouses.

Some couples can determine who should retain certain assets and debts, while others may have a harder time. Whether you are able to accomplish this with your spouse or need court intervention, there are 3 steps to the process.

These steps are:

  1. Determine whether property is separate or community
  2. Determine the value of each piece of property
  3. Determine how to divide the property

Some separate property can be considered community property if both spouses contributed to the maintenance of the property. For example, if one spouse bought a home before they got married, but both contribute to the mortgage using their sources of income, the court could consider the home as community property. If this occurs, the spouse who bought the home could buy out the other spouse’s share.

Marital debt must also be divided upon divorce. However, creditors do not often honor these legal arrangements and if the party responsible for paying the debt does not uphold the agreement the creditor may go after the other party for payment.

Contact Our Skilled Attorney Today

At K. Mitchell Law, PLLC, our Boise divorce lawyer can confidently and competently help you complete your divorce. Whether you resolve your issues without going before the court or need strong legal representation in the courtroom, you can count on our attorney to help resolve your issue.

Dial our office directly at (208) 285-4272 or complete our online contact form to schedule your initial consultation.

What Sets Us Apart?

Dedication. Experience. Results.
  • Keeping Your Best Interests in Mind
  • Solution-Oriented Strategies
  • Personalized Legal Services
  • Free Initial Consultations

Dedicated to Client Satisfaction

Read What Our Clients Have to Say
  • “She was very attentive, assertive, and very professional and very knowledgeable.”

    - Theresa L.
  • “Upstanding and professional! She covered things that I never even thought of, always went the extra mile.”

    - Melisa
  • “I am forever grateful for you Katelynn and I know who to go to when ever I need help again. Thank you for all that you do!”

    - Monica
  • “Katelynn was thorough and patient, letting us look over everything to a point that we were satisfied.”

    - Jenni P.
  • “Throughout the process, she was timely in getting me updated information as well as responding to my emails.”

    - Thea V.
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