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Home | Family Law | Divorce

Idaho Divorce

An Idaho divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of an Idaho divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Idaho divorce without the expense of an attorney.

Types of Divorce in Idaho

Simplified Divorce in Idaho:

A divorce in Idaho may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder's office.

Alternatives to Divorce in Idaho

A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. There is no legal provision in Idaho for legal court-ordered separation. However, the spouses may live separate and apart. The court may enter a decree of legal separation upon motion of either party, and the process is similar to the process followed in divorce actions. Under either a legal separation or divorce, a couple may elect to live separate and apart and ask the court to divide property, settle debts, provide custody and visitation, and obtain child support and spousal support.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status (as if they were never married). Spouses can't receive an annulment through mutual agreement. The Court must independently allow an annulment. An annulment differs from divorce in that the grounds for the annulment must exist at the time of marriage. Annulment is legally available if: (1) a person was under the age of legal consent (18); (2) one party was already married; (3) a party was of unsound mind; (4) the consent to the marriage was obtained by fraud; (5) the consent to the marriage was obtained by force; (6) either party was physically incapable of entering into a married state due to impotency. Although an annulment voids the marriage from the beginning, children born of the relationship are legitimate. Child support is treated similarly to child support in a divorce.

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