Twin Falls Divorce Attorney
Twin Falls, Idaho, is well-known as the gateway to Snake River Canyon, located in southern Idaho. At the east end of Snake River Canyon is Shoshone Falls, cascading over a broad series of rocks. The canyon rim offers trails leading to the Perrine Bridge, which provides panoramic views. At the northern edge of Twin Falls, Perrine Coulee Falls tumbles over a cliff.
Twin Falls in the county seat, and the largest city of Twin Falls County, with a population of almost 50,000. Twin Falls is well-known as the place where Evel Knievel attempted to jump across the Snake River Canyon in 1974 on a steam-powered rocket. Other places of interest in Twin Falls include Sawtooth National Forest, Rock Creek Park, and Herrett Center for Arts and Science.
Although Twin Falls is a beautiful area, friendly to families, like any place in the United States, divorce is present. The state of Idaho consistently ranks among the top ten states for the number of divorces; in 2020, it ranked number four, at 3.9 divorces per 1,000 people.
Twin Falls, coming in at number 6, also made the top ten cities in Idaho for the number of divorces. If you are considering divorce in Twin Falls, Idaho, you could benefit from the following information.
GETTING A DIVORCE IN TWIN FALLS, IDAHO
Many states have a residency requirement of six months or longer, however, Idaho is unique in this instance, requiring only a six-week residency period. The divorce will be filed in the county where one or the other spouse resides. If you have not met the six-week residency requirement, you must establish residency in the state, have your spouse file if he or she meets the residency requirements, or choose another state in which you do meet the residency requirements. You will be required to provide proof that you or your spouse has lived in the state for at least the last six weeks. If you are a member of the military service, and Idaho is your home of record, you may not need to be living in the state immediately prior to filing for divorce.
IS THE STATE OF IDAHO A NO-FAULT STATE?
In the state of Idaho, you can either claim irreconcilable differences and file a no-fault divorce, or you can file a fault-based divorce. If you claim fault, you should be aware that in most cases, it will have little bearing on division of assets or other aspects of divorce—and that you have to back up any claim of fault with facts. If you choose to file a divorce based on fault, the following are the faults allowed under Idaho divorce law:
- Extreme cruelty
- Willful desertion (one spouse lived apart from the other for more than one year, with the intention of abandoning the marriage).
- A felony conviction on the part of one spouse
- Habitual drunkenness for more than one year
- Willful neglect (a spouse fails to provide the other with the common necessities of life for a period of at least one year, due to a refusal to work, or outright laziness).
- Permanent insanity (one spouse must have been a resident of a mental institution for at least three years).
- The spouses have been separated and have lived apart for at least five continuous years.
DIVIDING YOUR TWIN FALLS, IDAHO ASSETS AND DEBTS
If you are unable to agree with your spouse on how your assets and debts will be divided, an Idaho judge will do that for you. Your Twin Falls Divorce Lawyer will help you present the evidence in the light most favorable to you. Idaho is a community property state, meaning your marital assets and debts will be divided right down the middle after all separate property is taken out of the equation. There are only nine states left that still operate under community property laws. Other states have equitable distribution divorce laws, meaning assets are divided fairly, although not necessarily 50/50. If you or your spouse received a gift or inheritance during the marriage, those are your separate property, unless they have been commingled with marital assets or you have a prenuptial agreement that says otherwise.
ALIMONY IN YOUR TWIN FALLS DIVORCE
Perhaps you are wondering whether you are entitled to alimony. If you are unable to support yourself—and your spouse has the ability to pay alimony, the court could award you permanent or fixed support. There are certain factors your Twin Falls, Idaho divorce attorney may consider when deciding whether to award alimony to you, including:
- The age of the spouse seeking support
- The length of the marriage
- The physical and emotional health of the spouse seeking support
- The earning potential of the spouse seeking support
The courts have wide discretion in determining an award of alimony, but generally speaking, alimony is awarded in the following situations:
- Temporary alimony for the spouse who needs financial support between the time the divorce is filed, and when it is final
- Short-term alimony when the spouse seeking support needs a better education or job skills to support himself or herself
- Permanent alimony when the spouse seeking support has significant needs and may be unable to support himself or herself after the divorce.
WHY YOU NEED A TWIN FALLS, IDAHO DIVORCE LAWYER
Although you are not legally required to hire a divorce attorney, it is virtually always in your best interests to do so. You will find yourself at a distinct disadvantage whether negotiating or litigating on your own. If you have significant earnings, assets, or child custody is going to be an issue, it is even more important that your future and your rights are properly protected by a highly experienced Twin Falls divorce family lawyer.
Divorce Process is never easy. Let Idaho Divorce Law Firm help you go through it. We serve in major cities of Idaho including:
Aside from Rexburg we’re also here to serve families in surrounding Idaho suburbs such as: