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:
- Excessive cruelty
- Desertion (one spouse lives apart from the other for more than a year with
the intention of leaving the marriage)
- 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
These steps are:
- Determine whether property is separate or community
- Determine the value of each piece of property
- 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.