- March 24, 2022
The first few months of the year are popular because they mark a new beginning. It’s also a time when people set intentions for what they want out of life and hope to achieve in this coming year, which can be seen through resolutions such as getting happier or more successful at work-related tasks. Many spouses who are unhappy with their marriage may take these steps leading up until legal separation in Idaho begin.
Legal separation often precedes an actual split by wayward partners looking into ending partnerships legally before anything else happens between them personally. Statistically, the number of marriages in 2019 was 2,015,603, and the number of divorces was 746,971 in the same year.
What is a Legal Separation in Idaho?
Legal separation is a court order that states that you are legally separated from your spouse. While the legal process of the divorce may not have been completed, you are now separated from your spouse. Although you have been legally separated, you can still file a petition for divorce before the court.
The legal separation is not considered valid until the court order is signed by the judge. A legal separation does not terminate your marital status, but it does provide for division of property and support payments. It may also provide for spousal support, child custody, visitation rights, child support, and attorney fees.
Why Do Couples Legally Separate?
There are several reasons why couples decide for legal separation in Idaho. Some of the common reasons include:
- Child custody issues
- One spouse wants to move out of the marital residence
- Religious reasons
- A spouse needs to remain in a house that both spouses own until it can be sold or transferred, and this cannot be done until a divorce or separation is completed
- A spouse wants to have time to think about whether they want to get a divorce before the court is involved
- A spouse wants a separation before a divorce to see whether or not the marriage can be saved
- You want to separate from your spouse without divorce until you determine if you want to move towards a divorce
- You cannot afford both your spouse and yourself on one income, so you choose to live apart on different incomes
- You need time to determine if you want a divorce or separation.
What Happens on the Date of Separation?
On the date of the separation, you may want to take some action. You might want to change your insurance coverage or transfer property into your name. It is important to remember that these actions will not be effective until you can actually file for a divorce.
You might also want to work with your spouse to divide property, debts, and living expenses. Keep in mind that even if you do not want to get a divorce, but your spouse does, you may still be divorced involuntarily.
How Can I Legally Separate with My Spouse?
If you and your spouse do not want a divorce, but you feel that living apart is the best choice, for now, a legal separation may be a good option to consider. A legal separation, in a nutshell, is when you and your spouse live apart while still legally married. To proceed with a legal separation, you and your spouse must file a petition with the court. You must also serve this petition on your spouse or another adult who lives with your spouse. Once you file the petition, the court will grant you and your spouse a hearing date to appear before a judge. Before your court appearance, you must submit a copy of your petition and the court’s notice to any property owner where you live.
When filing for a legal separation, the court in your jurisdiction will determine how you and your spouse will split expenses. The court may require that a specific amount of money is set aside for each spouse or that the couple pay certain expenses in common. The court will determine which person is responsible for paying which bills.
Are You Considering It as an Option?
If you are thinking of filing a legal separation from your spouse, then reach out to our legal team for assistance. Our law firm is dedicated to helping spouses navigate complex family matters. We understand that this may be an incredibly emotional time for you and will fight tooth and nail in your separation case! The sooner we get started on your until legal separation in Idaho, the better chance there is of getting all those pesky issues resolved quickly.
