Divorce Law in Meridian, ID

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.

Are you facing a costly divorce in Meridian, Idaho? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved in Meridian, Idaho Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property

One of the most challenging issues in the divorce law process is dividing property, debts, and assets. In many states, like Idaho, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along with an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition of property, which may not equate to a perfect 50/50 division of your property, debt, and other assets..

Child Support

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.

Under Idaho Child Support Guidelines, courts use an Income Shares Model to calculate child support in Meridian. The court will determine the amount that the parents would spend on the child if the family were intact. Each parent will then be responsible for a percentage of that amount proportional to their income. The custody arrangement will also be a factor in determining support. If you do not make your support payments, the Idaho Department of Health and Welfare can garnish your wages or even initiate criminal contempt charges.

Alimony

Alimony, or spousal support, can vary dramatically depending on the marriage, and Meridian, ID divorce law court looks at multiple factors when determining the amount and length of alimony, including:

A spouse’s need and the other spouse’s ability to pay
The age and health of each spouse
The length of the marriage
Each spouse’s earning capacity and level of education
The division of property
Parental responsibility of the children
Sole investments and assets of either spouse

Idaho law permits alimony when one spouse does not have the resources or ability to support themselves. The court may also consider factors such as the length of the marriage. Or perhaps the age and health of both spouses. Alimony in Meridian is most commonly temporary. This gives the receiving spouse time to become financially independent.

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

Idaho law specifies numerous factors for determining the best interest of the child. A Meridian judge will consider:

The child’s relationship to each parent
The child’s preference
Ability and willingness of each parent to meet the child’s needs
Competency and fitness of each parent, including mental and physical health
Any history of domestic violence
Any other factors the court deems relevant

Generally, Meridian, Idaho courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care, and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Meridian, Idaho

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

A legal reason for divorce (grounds for divorce)
A statement that shows at least one spouse meets the state’s residency requirements for divorce
Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

Meridian courts permit no-fault divorce under two circumstances. Both spouses can agree that they have irreconcilable differences with no chance of reconciliation. Alternatively, Meridian spouses can file for no-fault divorce by showing that they have not been cohabitants for 5 years.

Step 2: Request Temporary Orders

The divorce law process in Meridian can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

Child custody
Child support
Spousal support
Property restraining orders
Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Meridian, ID judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.

The Ada County Magistrate Court has jurisdiction over Meridian divorces. The plaintiff in the case must be an Idaho resident for at least 6 weeks prior to filing. In addition, at least one of the spouses must live in Ada County.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.

Work With an Experienced Meridian, Idaho Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Meridian divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Idaho state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!