Difference Between an Annulment and a Divorce in Idaho

The basis and procedures of an annulment and divorce are significantly different. An annulment of marriage means that what was considered to be a marriage was in fact not a marriage having legal grounds, whereas a divorce in Idaho ends a marriage that was actually and legally considered to be a marriage.

The number of divorces in America hit a record low in 2019 and has been consistently falling in recent years. According to the American Community Survey data from the Census Bureau, for every 1000 marriages in the last year, only 7.6 ended in divorce. This is the lowest rate that has been seen in nearly 50 years. It is even a bit lower than 1970 when 15 marriages ended in divorce per every 1,000 marriages.

Reasons for an Annulment in Idaho:

An annulment can be granted by the courts of Idaho if:

  • One spouse entered into marriage when they were not physically able to and the inability is incurable and constant
  • When they got married, one spouse was below the age of consent and did not seek a parent’s consent
  • The use of force by one party was the only reason the other spouse agreed to get married. This will not lead to an annulment if the spouse who was forced still chooses to cohabitate
  • One spouse is committing bigamy

The Process of Getting an Annulment in Idaho:

An annulment can be sought for any of the above-stated reasons once they are proven. Consult a divorce lawyer if you are considering an annulment. They will guide you regarding the statute of limitations. Deadlines exist for filing an annulment which can also vary based on its grounds. If you file too late, you cannot file an annulment. Following are some examples.

  • In the case where one spouse was below the age of consent, the minor must petition within four years of coming of age. However, before the minor reaches the age of consent, an annulment can also be filed any time by their parent or guardian.
  • The spouse can file for an annulment at any time during the other’s life if bigamy is the reason for the annulment.
  • In the situation of fraud, the conned spouse after learning about the deceit has four years to file for an annulment from the date that the spouse learns about the deceit.
  • In the case of forceful marriage and physical incapacity, annulment should be filed within four years of marriage.

The process of annulment begins with the filing of some legal documents in the county in which you reside. Statute of limitations should be considered and factors such as financial consequences, child support, and custody should be accounted for. The legal reasons for the annulment request should also be detailed in the petition.

Reasons for Divorce in Idaho:

A divorce in Idaho permanently puts an end to a marriage and divides assets and liabilities. This is a way to grant sustenance to the spouse not able to support themselves. Things such as visitation and custody shall also be determined in the case where the couple has children who have not attained the age of majority.

No-fault and fault-based divorce are two categories of divorce as per the Idaho law. No-fault divorce basically means that the couple has compatibility issues and simply cannot cope with each other. However, one can also file a fault-based divorce which might result in a favorable outcome.

Following are the grounds for divorce as permitted by the Idaho law:

  • Living apart for at least five consecutive years
  • Cruelty at an extreme level
  • Permanent insanity: Your spouse must be living in a mental institution for at least three years
  • Adultery
  • An offense leading to a felony conviction
  • Willful desertion: Your spouse must have lived separately for more than one year with the intention of abandoning the union
  • Habitual drug use for more than a year
  • Willful neglect: This is a husband’s failure to provide the basic necessities for his wife for at least one year. It must be evident that it is a result of laziness or refusal to work.

The Way Forward for a Divorce in Idaho:

One spouse must be a state resident for six weeks prior to filing for a divorce. The divorce should be filed in the county in which the defendant lives. The case should be filed in the county where the plaintiff resides if the defendant is not a resident person.

Contact Boise Family Law Today:

We at Boise Family Law comprise a team of qualified attorneys who will guide you through every step. Our team will also explain all the legal jargon and framework to you regarding your annulment or divorce in Idaho so that you are able to make an informed legal decision. Call us to book an appointment and put a hassle-free end to your marriage.

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