Boise's Family Law Attorney for Nearly 3 Decades

Filing For Divorce in Idaho

Legal Support and Representation For Idaho Resident Divorces

Divorcing coupleAlthough nobody enters into marriage expecting to divorce, some marriages simply do not work out. If you have made the decision to divorce or your spouse has already filed, you need an experienced divorce attorney in Boise to look out for your best interests.

Our divorce lawyer in Boise, Derek A. Pica has represented clients in everything from simple to complex divorce cases since 1992, including annulments, uncontested divorce, contested divorce, and military divorce.

Please contact our firm at (208) 314-1161 or by contacting us online to discuss your situation during a free 15-minute consultation.

Is Idaho A 50/50 State?

Idaho has neighborhood residential or commercial property laws providing that all of the properties and financial obligations a spouse acquires throughout marital relationship belong similarly to both spouses (50/50). This indicates that in a divorce, the department of such property or the value of the property awarded to each spouse must likewise be considerably equivalent.

What Are The Divorce Laws in Idaho?

If you wish to file for divorce in Idaho, you must first meet the following residency requirement:

  • The person filing for the divorce must have been an Idaho resident for at least six weeks

Idaho is a no-fault divorce state, though it also recognizes fault divorces, if one of the spouses wants to pursue that route. A no fault divorce means that you can file on the grounds of irreconcilable differences. This alleviates you from having to prove that your spouse did something that caused the breakdown of the marriage. However, if you want to pursue a fault divorce, Idaho recognizes the following as grounds for a fault divorce:

  • Addiction to alcohol
  • Adultery
  • Cruelty

How Long Does a Divorce Take in Idaho?

The average time to complete a contested divorce in Idaho can take six or more months to resolve. The timeline can vary after your spouse is served with divorce papers; the waiting period typically is 21 days. The process can take longer than this time.

Does It Matter Who Files for Divorce First in Idaho?

No, it does not matter who files for divorce first in Idaho. The court will consider all of the relevant factors in deciding on the divorce, including the reasons for the divorce, the wishes of the parties, and the best interests of any children.

However, there are some practical advantages to filing for divorce first. For example, the party who files first may be able to choose the judge who will hear the case. The party who files first may also be able to take specific steps to protect their assets, such as moving money into a separate account.

Discussing your legal options with our divorce lawyer is essential. Our divorce lawyer can help you understand the process and can help you protect your rights.

Handling a Variety of Divorce-Related Matters

Our family law attorney has more than 25 years of experience and extensive knowledge of Idaho’s divorce laws, as well as the specific laws and rules governing annulments and military divorce. We can help you work through the difficult process and legalities involved with dissolving a marriage. Let our team stand by your side throughout all stages of the divorce process, from filing to negotiation, mediation, and representing you in court.

We handle many issues in contested and uncontested cases, including:

If you are unable to resolve your differences and want to move forward with the divorce, we can guide you through the process and provide unparalleled legal representation. At Derek A. Pica, PLLC, we always act in your best interests and provide aggressive, yet compassionate representation to help our clients through this difficult time.

Before You File For Divorce Get Your Questions Answered

Our Idaho divorce attorney can help you with issues such as child custody arrangements, visitation rights for parents and grandparents’, child support, spousal support, Idaho’s community property laws, and situations involving a shared business. We provide a candid assessment of the probable outcomes in your situation.

When you are ready to move forward, call (208) 314-1161 for a consultation to speak with an experienced Idaho divorce lawyer.

The Right Choice

Experience Matters
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  • Aggressive, Caring Representation
  • Personalized Approach
  • Over 3 Decades of Legal Experience

Contact Us

Call (208) 314-1161 to setup an Initial consultation regarding your case.
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