Boise Divorce Attorney
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 to schedule your complimentary initial consultation with our Boise divorce lawyer.
Is Idaho a No Fault Divorce State?
Yes, 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.
Grounds for Divorce in Idaho
- 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 the process.
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 Boise Divorce 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 family law attorney to help resolve your issue.
If you're in need of a Boise divorce attorney, dial our office directly at (208) 285-4272 or complete our online contact form to schedule your initial consultation.
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