Post Falls Divorce Attorney
Post Falls, Idaho, is a city in Kootenai County, between Spokane, Washington, and Coeur d’Alene, Idaho. As of the 2010 census, the population of Post Falls was 27,574, making it the tenth-largest city in the state of Idaho. Post Falls is partially sustained through tourism, as well as retirement communities, although the county has traditionally had a timber-based economy. This is gradually changing, as the manufacturing base becomes more diverse.
These manufacturing jobs are primarily in electronics, lumber, and furniture. Buck Knives also brought their manufacturing headquarters to Post Falls, making it even more diverse. Qemiln Park, Falls Park, Post Fall Brewing Company, Selkirk Abbey Brewing Company, Treaty Rock Park, and Corbin Park are all local places that couples and families in Post Falls enjoy.
Unfortunately, Idaho consistently ranks among the top ten states for the highest number of divorces. That being said, the city of Post Falls is not among the top ten cities in Idaho for the highest number of divorces. If you are contemplating divorce, the following facts about Idaho divorce can help you through this difficult time.
Filing for Divorce in Post Falls, Idaho
Idaho has the shortest residency requirement of any of the states in the nation for obtaining a divorce, only requiring a period of six weeks. One of the spouses must have lived in the state of Idaho for the six weeks, and you must file in the county where either spouse resides. If you fail to meet the six-week residency requirement, you must either first establish residency or choose a state where you or your spouse do meet the requirements. Military service members whose home of record is Idaho do not need to be living in Idaho immediately before filing for divorce.
No Fault Divorces in Post Falls, Idaho
While most states have gone to some form of no-fault divorce (usually known as irreconcilable differences), some states, like Idaho, let the person filing decide whether to file under no-fault or fault-based. If you choose to file a fault-based divorce, remember you must back up any allegations with facts. Idaho allows the following grounds for a fault-based divorce:
- 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.
Is Idaho a Community Property or Equitable Distribution State?
You may be wondering how you will divide your marital property and debts during your Post Falls divorce. After it is determined which of your assets are marital and which are separate, an Idaho court will divide your marital property right down the middle, since Idaho is a community property state. Nine states are governed by community property law for a divorce, while all the other states use equitable distribution. In an equitable distribution state, assets are divided fairly, but not necessarily equally. Your Post Falls judge will determine values for all marital property then will divide that property equally between the spouses. A gift or inheritance obtained during the marriage is considered separate property, so long as the gift or inheritance was not commingled with the marital property during the marriage.
Post Falls, Idaho Alimony
You may believe you are entitled to alimony from your spouse, and if the court agrees with you—and your spouse has the financial ability to pay—you may be awarded alimony. Temporary alimony is awarded to help you financially between the time the divorce is filed, and when the divorce is final. Short-term alimony could help you obtain job skills or an education that will increase your employability. Permanent alimony is more likely to be awarded if your marriage is long-term, and if you have significant needs and are unable to support yourself following the termination of your marriage. The judge will consider the following factors when deciding on alimony:
- 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 ability of the paying spouse to pay spousal support
Contact a Post Falls Divorce Attorney
If you are getting divorced, this is a time when you desperately need someone to watch your back and ensure your future is protected. This is an emotional time for most people, and, as such, it can be difficult to make wise decisions. This is why you have an experienced Post Falls divorce family attorney who will help you make these very important decisions.
We’re here to answer any questions you have related to divorce and custody. At Idaho Divorce Law Firm, it is our core to serve our clients with legal representation that they deserve. We
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