The Divorce Process in Idaho
by Anonymous on 2007-09-23
In 1990, Idaho had a divorce rate of 6.5/1000 population, which gradually declined to 5.0/1000 population by the year 2004. In 1998, Idaho had the nation’s second lowest Out-of-Wedlock birth rate of 22.0%, though the Teen Birth Rate stood marginally high at 12.8%. The state’s economy is undergoing a major transition from being an agro-based setup to having a major stake in science and technology, which contributes more than 25% of the state’s total revenue. This had a salubrious influence on the society, resulting in increase in household incomes and levels of education. The poverty rate is on the decline with just 13.9% of the population lying below the poverty line. This is not much compared to the national rate of 13.3%. High school graduates comprise 86.7% of the total population, significantly high as compared to the national average of 84.2%. With the rise in the levels of affluence and widespread education, the median age at first marriage is also expected to increase. Based on the above statistics, it will be safe to say that the divorce rate is positively expected to further decline in the future.
In order to file a divorce suit in a District Court in Idaho, one is required to comply with certain residency requirements. Failure to do so may lead to the dismissal of the case by the court. The spouse who files the divorce suit is called the Plaintiff and the spouse on whom the divorce papers are served is called the Defendant. The residency requirements state that a divorce case can only be filed if the plaintiff has resided in the state of Idaho for a period of at least six weeks just prior to the filing of the suit (Idaho Code: Title 32- Chapters: 701). The divorce proceedings may be initiated in the county where the defendant resides. If the defendant is not a resident of the state, the divorce process may be commenced in the county where the plaintiff resides (Idaho Code: Title 5- Chapters: 404).
Idaho has a wide spectrum of both the fault- and no-fault-based grounds for divorce. The no-fault-based grounds for divorce are: separation without cohabitation for a period of five years and irreconcilable differences. The fault-based grounds for divorce are: desertion, addiction, neglect of marital duties, cruelty, adultery, conviction of crime and incurable insanity (Idaho Code: Title 32- Chapters: 603 and 610). The court shall not give a final verdict of divorce before the lapse of a mandatory 20-day waiting period after the filing of the petition. The court has the power to hold on the proceedings for a maximum of ninety days, once the grounds have been confirmed, if there is a possibility of reconciliation and the spouses have minor children (Idaho Code: Title 32- Chapters: 716).
As regards the division of property, Idaho is a community property state. Community property comprises of all the property acquired by the two spouses during the marriage, except the property acquired by gift, bequest, devise or descent or the property acquired in exchange for such a property. The court divides all the community property equally between the two spouses. However, the court may deviate from this norm, as deemed just and fair by it (Idaho Code: Title 32- Chapters: 712 and 903).
A deserving spouse may be awarded alimony by the court. While doing so, the court delves into various factors such as the assets and liabilities of the two spouses, age and health of the recipient, employability, duration of marriage, tax consequences, etc (Idaho Code: Title 32- Chapters: 705).
The child custody is decided in the best interests of the child. The wishes of the child and the parents are taken into consideration, besides various social, emotional and psychological factors. The court may award a sole custody or a joint custody. Idaho Law favors a joint custody under normal circumstances. Idaho has a very high joint custody rate of 33.2%. The non-custodial parent has the right to access the child’s academic and medical records. The grandparents may be extended custody or visitation rights, if it is in conformance with the best interests of the child (Idaho Code: Title 32- Chapters: 717, 717A, 717B, 719).
The child support is calculated in accordance with the Child Support Guidelines. While doing so the court deliberates over the needs of the child and the income and liabilities of the parents. Idaho Law has very strict provisions for enforcing child support (Idaho Code: Title 32- Chapters: 706).
James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com
In order to file a divorce suit in a District Court in Idaho, one is required to comply with certain residency requirements. Failure to do so may lead to the dismissal of the case by the court. The spouse who files the divorce suit is called the Plaintiff and the spouse on whom the divorce papers are served is called the Defendant. The residency requirements state that a divorce case can only be filed if the plaintiff has resided in the state of Idaho for a period of at least six weeks just prior to the filing of the suit (Idaho Code: Title 32- Chapters: 701). The divorce proceedings may be initiated in the county where the defendant resides. If the defendant is not a resident of the state, the divorce process may be commenced in the county where the plaintiff resides (Idaho Code: Title 5- Chapters: 404).
Idaho has a wide spectrum of both the fault- and no-fault-based grounds for divorce. The no-fault-based grounds for divorce are: separation without cohabitation for a period of five years and irreconcilable differences. The fault-based grounds for divorce are: desertion, addiction, neglect of marital duties, cruelty, adultery, conviction of crime and incurable insanity (Idaho Code: Title 32- Chapters: 603 and 610). The court shall not give a final verdict of divorce before the lapse of a mandatory 20-day waiting period after the filing of the petition. The court has the power to hold on the proceedings for a maximum of ninety days, once the grounds have been confirmed, if there is a possibility of reconciliation and the spouses have minor children (Idaho Code: Title 32- Chapters: 716).
As regards the division of property, Idaho is a community property state. Community property comprises of all the property acquired by the two spouses during the marriage, except the property acquired by gift, bequest, devise or descent or the property acquired in exchange for such a property. The court divides all the community property equally between the two spouses. However, the court may deviate from this norm, as deemed just and fair by it (Idaho Code: Title 32- Chapters: 712 and 903).
A deserving spouse may be awarded alimony by the court. While doing so, the court delves into various factors such as the assets and liabilities of the two spouses, age and health of the recipient, employability, duration of marriage, tax consequences, etc (Idaho Code: Title 32- Chapters: 705).
The child custody is decided in the best interests of the child. The wishes of the child and the parents are taken into consideration, besides various social, emotional and psychological factors. The court may award a sole custody or a joint custody. Idaho Law favors a joint custody under normal circumstances. Idaho has a very high joint custody rate of 33.2%. The non-custodial parent has the right to access the child’s academic and medical records. The grandparents may be extended custody or visitation rights, if it is in conformance with the best interests of the child (Idaho Code: Title 32- Chapters: 717, 717A, 717B, 719).
The child support is calculated in accordance with the Child Support Guidelines. While doing so the court deliberates over the needs of the child and the income and liabilities of the parents. Idaho Law has very strict provisions for enforcing child support (Idaho Code: Title 32- Chapters: 706).
James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com
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