Divorce

If you are served with divorce papers it is important to contact an attorney as soon as possible. You have 21 days from the day you are served to file a response. If you do not, an order will be entered without notice to you.

Once a divorce becomes contested (a response is filed), the judge will send you and your spouse to mediation. There are also a number of documents you will be required to disclose. Failing to do so can result in an order that limits your evidence at trial or requires you to pay your spouse's attorney fees.

In each case, the judge will make a decision about how to divide your assets and debts. This includes real property (houses, investment property), personal property (furniture, vehicles), and financial accounts (retirement, stocks, bonds, bank accounts).

Idaho is a community property state. Simply put, this means that, except for a few specific instances, anything purchased or acquired during marriage, including debts are either community property or community debts and belong to both you and your spouse. Anything that you owned prior to the divorce, with a few exceptions, is your separate property and cannot be awarded to your spouse in a divorce.
Under Idaho Code §32-712, community property will be divided in a substantially equal manner. There are some exceptions to this in which one spouse may be awarded an unequal share of community property, assets, or debts.

If you and your spouse share minor children the court will enter a custody order that is in the best interest of the minor children as outlined in Idaho Code § 32-717.

A child support order may also be entered in your case. In Idaho, child support is based on the income of you and your spouse, the number of overnights the children spend in each of your homes, the cost of insurance for your children, and the division of tax credits.

Dividing your property and assets and ensuring your custody order is in the best interest of your children can be difficult to navigate on your own. We are here to help guide you through this transition with as little stress as possible.