Divorce

Boise Divorce Attorney

Experienced Family Lawyers Handling Property Divisions and Custody Disputes in Ada and Canyon Counties

No one gets into a marriage expecting to divorce their spouse someday. Things just happen. Marriage may simply not work out. If your marriage has come to an end, the only thing left may be to file for a divorce. You require the help of an experienced Boise divorce lawyer to look out for your interests during this trying time.

Filing for divorce is an unpleasant experience. If you’ve decided to divorce or your spouse has filed for divorce, you may be overwhelmed with emotions. At Boise Family Law, our seasoned family law attorneys can guide you through this complicated and stressful time of your life. It’s best to leave your divorce case in the hands of a skilled Boise divorce attorney who knows what needs to be done.

Call (208) 943-2904 immediately. Our family law lawyers in Boise, Idaho, are ready to guide you throughout this process. Contact us today to schedule a consultation with an experienced attorney. Let us help you get the best result in your divorce case.

What are the Grounds for Divorce in Idaho?

In Idaho, you must be a resident of the state for at least six weeks to be eligible to file for divorce. You can file for a fault-based or no-fault divorce if you meet this requirement.

Fault-Based Divorce

For a fault-based divorce, there are specific grounds that you can file for divorce in Idaho. Here, you should prove specific grounds to win your divorce case. A judge might grant you a divorce if your spouse was at fault for the divorce. Fault-based divorce often gives people an advantage in child custody, support, and alimony.

Here are some of the grounds for divorce in Idaho:

Adultery by Either Spouse: You can file for a divorce if your spouse has sexual intercourse with someone else while you are married.
Extreme Cruelty: If your spouse’s actions cause severe bodily harm or mental suffering, you may file for a divorce.
Willful Desertion/Voluntary Separation: If your husband or wife leaves your marriage for at least one year, you can file for a divorce. During willful desertion, your spouse has no plans of coming back. They have the intention of abandoning the marriage.
Willful Neglect: If a husband fails to provide financial support to his wife for at least one year, this may be legal grounds for a divorce. The law specifically mentions husband, not spouse.
Habitual Drunkenness: Drug addiction for at least a year may also form grounds for a divorce. If your spouse’s drunkenness leads to mental suffering, you have the right to file for a divorce in Idaho.
Felony Conviction: If your spouse is convicted of a felony while you are married, you can file for a divorce.
Permanent Insanity: If your spouse has been confined in a mental institution for at least three years, you can file for divorce. A judge can grant your divorce if he or she believes your spouse may never be sane again.

In a fault-based divorce, it’s essential to have solid evidence to prove the reason for your divorce. You risk losing your case if you don’t have an airtight divorce case. An experienced Boise divorce attorney can help you convince the court of your spouse’s misconduct. If you don’t have enough evidence to prove the alleged grounds, you should consider filing a no-fault divorce.

No-Fault Divorce

In a no-fault divorce, you cite irreconcilable differences as the grounds for your divorce. Here, your marriage is irretrievably broken.

A no-fault divorce does away with the burden of proving the above grounds for divorce. You don’t have to show the court that your spouse’s actions led to the end of your marriage. Both parties just have to prove to the court that there’s no way to repair their marriage.

Today, more people are opting for no-fault divorces. It simplifies the divorce process. You only have to tell the court that your marriage is no longer working out and that neither of you expects that to change. This type of divorce is less expensive and faster since no one has to prove fault.

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What are the Key Elements of an Idaho Divorce Case?

If you are seeking a divorce in Ada County, there are four primary pillars that must be addressed:

Child Custody and Visitation: The court’s sole focus is the "best interests of the child." This involves evaluating each parent's stability, the child's relationship with each parent, and any history of domestic issues.
Child Support: This is calculated based on a standardized formula known as the Idaho Child Support Guidelines, which accounts for both parents' incomes and the amount of time the child spends with each.
Property and Debt Division: Idaho is a community property state. This means the law presumes that all assets and debts acquired during the marriage belong equally to both spouses. We help you identify "separate property"—assets owned before the marriage or received via inheritance—to ensure they remain in your hands.
Spousal Maintenance (Alimony): Unlike child support, alimony is not guaranteed. The court looks at whether one spouse lacks sufficient property to provide for their reasonable needs and whether they are unable to support themselves through employment.

What is the Difference between Legal and Physical Custody?

When filing for divorce, the term “custody” often comes up. You’ll hear your Boise divorce attorney mention terms like legal and physical custody. If you are involved in a divorce, child support and custody are crucial issues that require prompt solutions. At Boise Family Law, our family law lawyers will help you secure the best legal and physical custody conditions in your divorce case.

Legal Custody

Legal custody is the right to make major decisions regarding your child’s welfare. These decisions may include medical, educational, and religious decisions. A parent can have sole legal custody or share joint legal custody. In joint legal custody, both parties are required to share the opportunity, responsibility, and right in decision-making regarding the child’s welfare.

It’s crucial to point out that parents who share joint legal custody may not share the same opinions. Parents may have a hard time agreeing on what’s best for their kids. Parents should communicate all significant decisions with each other to ensure their kids are in a stable and safe environment. For instance, parents should both decide what’s best for their child when it comes to education. Parents shouldn’t sideline each other when making decisions such as transfers to public or private schools.

Physical Custody

Physical custody in a divorce case refers to who the child lives with most of the time. Similar to legal custody, physical custody can be shared by both parents or awarded to one parent. The parent who spends most of the time with kids is referred to as the custodial parent. He or she is responsible for the day-to-day decisions regarding the welfare of the children. Non-custodial parents also have the right to know what’s going on with their kids. For instance, both parents have a right to attend school meetings and inspect school records.

In joint physical custody, the amount of time shared by parents doesn’t have to be 50/50. Under this type of custody, parents and children will have regular and continuing contact. The court will determine the amount of time each parent will share with the children.

It’s always easier if both parents are on the same page. This creates a harmonious environment for the children. If you need assistance with child custody issues, contact an experienced divorce lawyer near Boise today. At Boise Family Law, our legal team is ready to meet and discuss your child custody issues.

How is Child Support Determined?

In Idaho, child support is based on the Idaho Child Support Guidelines. These guidelines provide a mathematical formula for the computation of child support. The gross income of both parents, fringe benefits, potential income, and the time each parent spends with the children must be factored in when determining child support. The court must first decide the amount of time the children will spend with each parent before child support is calculated.

For instance, if you earn $7,000 per month and your spouse earns $3,000 per month, your monthly financial obligation in child support would be 70% of the child support amount. Other factors that can be considered when determining child support include child care costs, educational needs, parental needs, tax benefits, health care costs, health insurance premiums, and retirement dependency benefits. The child’s emotional and physical needs also have to be considered when determining child support.

How Will the Property Be Split in the Divorce?

In Idaho, a divorcing couple is required to decide how they’ll split their property. If they cannot do so, the court will decide how their property and debts will be divided. If a couple can’t agree on how to divide property, this decision will be passed on to a judge or arbitrator.

Idaho is a community property state. Property acquired after marriage should be split equally after a divorce. Gifts and inheritance awarded to one spouse are exempt from this split. A couple can enter into a prenuptial or post-nuptial agreement identifying marital and separate property. During a divorce, community property is divided equally among both parties.

During the split of the property, the court will consider factors such as:

Each spouse’s needs
The marriage duration
Current and potential earnings of both parties
Age, occupation, health, and amount of income of each spouse

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What is the Idaho Divorce Process?

Navigating the court system in the Treasure Valley requires adherence to specific timelines and procedural rules. When you work with a divorce lawyer in Boise, we manage every phase of the process:

The Petition: The process begins with filing a Petition for Divorce. This document outlines exactly what you are asking the court for regarding custody, property, and support.
Service of Process: Your spouse must be legally notified of the filing. They generally have 21 days to respond. If they fail to do so, we may seek a "Default Decree."
The Waiting Period: Idaho law requires a minimum 20-day waiting period after service before a divorce can be finalized, though contested cases often take much longer.
Discovery and Disclosure: Both parties must exchange financial information, including tax returns, bank statements, and property valuations. This transparency is vital to an equitable division of the estate.
Mediation: In many Idaho counties, including Ada and Canyon, the court requires parents to attend mediation to attempt to resolve custody disputes outside of the courtroom.
Trial or Settlement: If an agreement is reached, we draft a Sworn Stipulation. If not, your Boise divorce attorney will represent you in a trial where a judge will make the final decisions on all unresolved issues.

Frequently Asked Questions

How Long Does a Divorce Take in Boise, Idaho?

In Idaho, an uncontested divorce can be finalized once the mandatory 20-day waiting period elapses. The courts require judges to wait for 20 days before granting a divorce. This period begins once a spouse is served with divorce paperwork.

The facts of your case may affect how long your divorce takes. The waiting period may be longer if minors are involved. Typically, divorce proceedings in Idaho take 30 to 90 days to be finalized. A seasoned divorce attorney in Boise can guide you throughout this process to make sure your rights and interests are protected.

How Much Will a Divorce Lawyer Cost?

Divorce proceedings can be costly. You have to fight for child custody and division of assets in a Boise divorce case. At Boise Family Law, we get it. That’s why we charge our clients affordable rates. We offer flexible payment plans and consultation services. For uncontested divorces, solutions are affordable and relatively quick. Idaho charges $154 and $207 for uncontested divorce filing fees without minors and with minor children, respectively.

How Do I File for Divorce in Boise, Idaho?

Divorce cases in Boise are filed with the Ada County District Court. One spouse must meet Idaho’s residency requirement and file a Petition for Divorce outlining the issues to be resolved, such as property division, custody, and support. The other spouse must then be formally served and given an opportunity to respond.

Will I Have to Pay Child Support or Spousal Support?

Child support is calculated using Idaho’s child support guidelines, which consider income, custody arrangements, and expenses. Spousal support (alimony) is not automatic and depends on factors such as the length of the marriage, earning capacity, and financial need.

Can Divorce Orders Be Changed Later?

Some orders, such as child custody, parenting time, and support, can be modified if there is a substantial change in circumstances. Property division orders are usually final and harder to change once the divorce is complete.

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What are Key Considerations When Choosing a Boise Divorce Lawyer?

Choosing the right divorce attorney in Boise is a critical first step in navigating the divorce process with confidence. You want a lawyer who understands Idaho family law, explains each stage clearly, and is familiar with how judges in the Fourth Judicial District, including Ada County, typically handle custody, property division, and other family matters. Taking the time to compare options can make the process feel more manageable.

When evaluating divorce attorneys in Boise, consider the following:

Experience with Idaho family law and familiarity with local courts, including the Fourth Judicial District and Ada County Courthouse.
Clear communication during consultations and willingness to answer your questions thoroughly.
Ability to handle complex cases such as property division, retirement accounts, family businesses, or contested custody.
Comfort with uncontested cases if your divorce is simpler, while still offering guidance for future complications.
Practical considerations such as payment options, office location, and availability for phone or virtual meetings.
Reputation and trustworthiness, including client reviews and recommendations from other Boise residents.

Why Choose Boise Family Law PLLC?

We know that you have many options when searching for a Boise divorce attorney. What sets our firm apart is our singular focus. Because we are focused exclusively on Family Law, we don't divide our attention between car accidents or criminal defense. Every resource we have is dedicated to staying at the forefront of Idaho domestic relations law.

We also understand that life doesn't stop just because you are going through a legal crisis. To make the process as accessible as possible, we offer virtual consultations, allowing you to get the legal advice you need from the privacy and comfort of your own home. When you choose our firm, you are choosing a partner who will protect your rights today and your family’s future tomorrow.

Our firm prioritizes the protection of your separate property and the fair valuation of community assets. Whether your case involves a complex business valuation, high-asset retirement accounts, or a high-conflict custody battle, we utilize expert witnesses and financial analysts when necessary to build a compelling case. We also recognize that the traditional court process isn't for everyone.

As your divorce lawyer in Boise, we are skilled negotiators who often find creative solutions that avoid the stress and expense of a public trial. However, if your spouse is being unreasonable or hiding assets, we are fully prepared to litigate your case before a magistrate to ensure justice is served.

Contact Our Boise Divorce Attorneys Today for Trusted Legal Guidance

Navigating family law is never easy. Legal family matters such as divorce can be emotionally draining for all involved parties. By choosing a knowledgeable Boise divorce attorney, you can have the peace of mind you need throughout your divorce case.

Boise Family Law is ready to guide you in all legal aspects of your case. Our family law attorneys in Boise can help you with issues such as child support, child custody arrangements, spousal support, and visitation rights. Let us provide an honest assessment of the merits and demerits of your case.

Call us today at (208) 943-2904 to book a case review with an experienced Boise divorce lawyer.

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