Does it Matter Who Files for Divorce First in Boise, Idaho?

Divorce is a challenging process, one that can leave both parties feeling angry, confused, and overwhelmed. Understanding the requirements for divorce can be a massive benefit for those considering going through this process.

When it comes to filing for divorce in Idaho, we highly recommend that you obtain legal representation from a family law attorney. They will help you to understand and navigate the complex laws surrounding divorce and will ensure your rights are protected. This can help remove some of the stress that comes hand in hand-with any divorce.

In divorce, you do not need grounds for divorce. As a no-fault divorce state, you and your partner can get divorced due to insupportability, which means you and your partner can no longer work together as a married couple to come to important decisions and have irreconcilable differences.

You can also seek an at-fault divorce in Idaho, which may give you certain advantages.

Sometimes it is beneficial or necessary for a spouse to file for an at-fault divorce. In order to do so, you will need to present a compelling case backed with evidence that the divorce should be ended because of the actions of your spouse.

At-fault divorces are a lot more complicated than no-fault divorces, and the process is usually longer. This is because, in an at-fault divorce, you may need to have your case heard by a Judge, which means waiting for the courts to set hearing dates.

Contested Divorce

A contested divorce is any divorce where the spouses cannot come to amicable agreements in regard to their divorce arrangement. In order for a divorce to be finalized in Idaho, the Judge will need to sign off on the agreement, and if the spouses cannot come to an agreement themselves, this may require several hearings.

In a no-fault divorce, neither party is to blame for the divorce in the eyes of the law.

With an at-fault divorce, there must have been grounds for divorce, and you must be able to prove, with evidence, that your spouses’ actions fall into one of the at-fault categories. If you choose to seek an at-fault divorce, but you cannot provide adequate evidence, the Judge presiding over your case may decide to dismiss the case.

This is one of the reasons why obtaining the legal representation of a skilled attorney is essential, as they will know exactly how to evidence your claims in a way that makes your case difficult to dismiss.

The most common grounds for an at-fault divorce in Idaho are as follows:

  • Extreme Cruelty – Extreme cruelty can include a number of acts but usually refers to either physical abuse, emotional abuse, or neglect. For extreme cruelty to be used as the reason for divorce, it needs to be proven that it is no longer safe to live with your spouse as you fear for your safety.
  • Habitual Intemperance – Habitual intemperance is when one spouse has a problem with addiction, and the consequences of their actions are causing physical or emotional trauma to the other spouse.
  • Conviction of a Felony-Level Crime – Committing a felony-level crime and being convicted for said crime grants automatic grounds for divorce to the other spouse.
  • Adultery – Marriage is a sacred vow, and if your spouse has cheated on you, this is grounds for divorce.
  • Willful Desertion – If your spouse has abandoned all of their marital responsibilities to either the other spouse or their immediate family, then this may be grounds for divorce if you can prove that their actions are negatively affecting the household.
  • Willful Neglect – Willful neglect occurs when one spouse no longer contributes towards the financial and emotional needs of the family and any children involved in the marriage.
  • Permanent Insanity -You are entitled to divorce if your spouse is sent to a mental institution.

Divorce By Default

Divorce by default in Idaho is a process by which a divorce can be granted to one of the two parties involved in the marriage without the other party’s consent or participation. This type of divorce is only available in certain situations. In order for it to be granted, the petitioner must prove that the other spouse has been absent from the marital home for at least five years and has not provided financial support during this time.

The petitioner must also prove that they have made reasonable efforts to locate the other spouse, such as attempting to reach them via phone, mail, or other means. If all of these conditions have been met, then the court may grant a default divorce, meaning that the marriage is dissolved without the other party’s involvement.

Contact Idaho Divorce Law Firm Today!

Pursuing your divorce without legal representation may result in a lengthy divorce process that incurs a lot of additional court costs. By obtaining representation from one of our team here at Idaho Divorce Law Firm, you ensure you have an advocate knowledgeable in the divorce process, divorce laws, and methods that can help speed up the process, all whilst protecting your rights and future.

Representation becomes even more important if you have any children. Child support and child custody discussions are by far the most likely to end up in conflict, with both parents fighting tooth and nail for what they believe to be in their child’s best interest. Unfortunately, this rarely aligns with the other spouse, and this can lead to serious delays and extortionate court costs, especially if you require multiple hearings.

Call us today for a free consultation with a divorce attorney today at 208-314-3302!

Filing For Divorce in the Right Court

Filing for divorce in the right court in Idaho is essential for ensuring that the court has jurisdiction to hear the case, that all the paperwork is filed correctly, and that all of the necessary steps are taken. The court where the divorce is filed must be in either the county where the petitioner (the spouse who files for the divorce) or respondent (the spouse who responds to the petition) lives.

If either spouse has moved out of state, then the court will have to decide whether it has jurisdiction to hear the case.

The paperwork that must be filed for a divorce in Idaho includes a petition for dissolution of marriage, a financial affidavit, and other documents. Not only does filing in the correct court mean that all of this paperwork is correctly prepared, but it also ensures that any additional documents required by the court are included.

How Long Does an Uncontested Divorce Take in Boise, Idaho?

When it comes to the waiting period for a divorce to finalize, Idaho is rather unique. In Idaho, the process can be completed relatively quickly under the right circumstances, with the potential for a divorce to be finalized in as little as 62 days.

How Long Does a Contested Divorce Take in Boise, Idaho

The length it takes for a divorce in Boise, Idaho, to complete will depend on a variety of factors. These factors include the complexity of the case, the willingness of both parties to cooperate with each other, and the type of divorce chosen.


If the divorce involves complex financial matters, multiple assets or business interests, or contentious custody disputes, then the process could take much longer than a simple divorce. In Boise, Idaho it is important to have an experienced attorney to help navigate these complexities and ensure that every issue is addressed properly.

Willingness to Cooperate

If both parties are willing to cooperate and negotiate in a timely manner, the process can move more quickly. If one party is unwilling to cooperate or is not responding to communication from the other party, then it can cause delays and lengthen the process.

Type of Divorce

The type of divorce chosen will also influence how long it takes. A contested divorce, where both parties cannot agree on certain issues and need to go to court, will take longer than an uncontested divorce, where both parties agree on all issues and can file paperwork without going to court.

Working with an experienced attorney can help ensure that all issues are addressed properly and efficiently so that the process can move as quickly as possible.

Dividing Marital Property

The division of assets is an important and often complex process in Idaho. When a couple gets divorced, their assets need to be divided equitably and fairly between the two parties. This process can be complicated and fraught with emotion, so it is important to obtain the services of a knowledgeable and experienced family law lawyer.

Idaho is a community property state, meaning all property will be assigned either community property or separate property status. Separate property includes all property owned by either individual before the marriage, any compensation payouts, inheritance and gifts.

Everything else is community property and includes all assets obtained by either party during the marriage. All of the community property that a married couple owns is eligible for equitable division during the divorce.

Financial Support and Maintenance

Obtaining fair financial support and maintenance following a divorce is of utmost importance, especially if you have sacrificed a lot for the marriage. Sacrifices such as leaving a job or cutting back on hours to take care of the home or children, or foregoing the opportunity to advance your career, can all have long-term financial implications.

Pursuing financial support can help you cover the costs of setting up a new home, getting back into the workforce, or managing any debts incurred during the marriage. This can be especially important for those who have sacrificed a lot for the marriage and may not have the resources to support themselves financially.

Maintenance payments can be used to help support the spouse who has sacrificed a lot for the marriage and can help make sure that they are able to maintain their standard of living. This can be especially important for those who may not be able to find employment or are unable to reenter the workforce for some other reason.

Child Support and Child Custody

Seeking legal representation is essential when it comes to fighting for custody of minor children or child support. Idaho divorce laws can be complicated, and having an experienced lawyer on your side can help you navigate the court system and ensure that your rights are protected and that you have the financial resources to ensure the needs of your child are met.

A lawyer can help you develop a strategy to make sure your case is presented in the most favorable way possible. Having a lawyer can also help you understand the legal process and your available options. They can provide advice and guidance on the best way to proceed and can help you understand what the court expects from you.

Do you need grounds for divorce in Boise ID? FAQ

Do you have to be separated before divorce in Idaho?

No, it is not necessary to be legally separated before filing for divorce in Idaho. However, Idaho does recognize legal separation, and a couple does not need to be divorced in order to be legally separated.

Does it matter who files for divorce first in Idaho?

Yes, it can make a difference. In Idaho, the person who files for divorce first is called the Petitioner, and the other person is called the Respondent. The Petitioner typically has an advantage in terms of the timeline and court procedures for the divorce. They can also set the tone for the divorce proceedings and have the upper hand in terms of negotiating the terms of the divorce.

Is there a difference between divorce and legal separation?

While they sound very similar, there are some key differences between legal separation and divorce. The main one being that after a legal separation, you are still technically married, but after a divorce, you are not.

A legal separation allows you to implement the same agreements you might come to during a divorce without the need for dissolving the marriage.

Under the circumstances in which you wish to be remarried, you would need to request the courts to change your separated status to a divorce.

Do I need to be a resident of Idaho to file for divorce?

No, you do not need to be a resident of Idaho to file for divorce. However, if you and your spouse are both Idaho residents, you may be required to meet the state’s residency requirements in order to file for divorce.

The residency requirement for divorce petitions is six weeks so you or your spouse must have lived in Idaho for at least this period of time prior to filing for divorce.

Contact a Divorce Attorney at Idaho Divorce Law Firm Today!

Seeking legal representation to help you through your divorce case in Idaho is always a smart idea. With a dedicated attorney, you ensure that you are treated fairly and your rights are protected while you finalize your divorce papers.

Divorce decrees are legally binding court orders, meaning you have a legal obligation to follow any arrangements. If you and your spouse cannot come to amicable agreements on these orders, the Judge may make the decisions for you, and this may result in a decree that neither of you is happy with, but both have to follow until you can pursue a modification of the order later on down the line.

Contact us today to discuss your case at 208-314-3302.

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