With all the stress that comes at the end of a marriage, the last thing you want to do is to worry about researching all the steps needed to make your impending divorce official.
Our firm specializes in divorce cases and offers a free consult with an affordable Boise divorce attorney to break down the process for you so you’ll know just what to expect. In addition to this service, we’ve taken the liberty of breaking down for you here, step by step, How to Get a Divorce in Boise, Idaho.
- Move Out: If you and your ex share a home, one of you must leave the residence prior to filing for divorce. Unless you live in separate locations, you will not be able to proceed. We recommend that you schedule a consultation with a local divorce lawyer at or before this time.
- Establish Your Reasons: If your divorce is uncontested, the two of you will simply need to cite “irreconcilable differences.” In uncontested cases, together you will determine how you will divide property and any shared assets. Additionally, you will reach an agreement on arrangements for any children you have.
Idaho is a “no-fault” divorce state; while one party can “contest” the divorce, typically if the petitioner (the one wanting divorce) will get a divorce on irreconcilable differences regardless of any behavior. Cruelty, adultery, desertion, and neglect are all considered for the purposes of property division, custody, and spousal maintenance. However, the petitioner can request that a reconciliation mediator be appointed to see if a reconciliation is possible.
- File the Appropriate Forms: In order to be able to file in Idaho, you must first have lived in the state for at least 6 weeks. Your local attorney will assist you in filing the correct forms in the proper location. Within 20 days, your lawyer will then serve the filed documents to your former partner.
- Begin Filing, Draft Response, and Potentially Obtain Default Judgement: The Petitioner has six months to serve the Respondent; the Respondent then has 20 days to file a response/answer and any counterclaim they may have with the Court and serve it upon the Petitioner. If the Respondent files a counterclaim with his/her response, the Petitioner will have to file and serve a response to the claims made in the counterclaim.
If the Respondent does not file a response within 20 days, the Petitioner will likely be entitled to a Default Judgment, provided all documents were properly prepared and properly served.
If the Respondent files a response, the Idaho Rules of Family Law Procedure require that both parties make certain mandatory disclosures to the opposing party within 35 days of service of a response.
- Head to Trial: If all else fails, and you and your ex must go to trial, you’ll need a good attorney by your side to ensure you get the best outcome possible.
Divorce is a complicated process, and we imagine you have many questions. An experienced and caring Boise divorce lawyer will help make this process a bit easier on you.
At Thalia Radey Law, we combine strong case outcomes with compassion and understanding for our clients. Contact our offices today at (208)577-6795 to schedule a free consultation or visit our website at https://www.thaliaradeylaw.com/ for more information on our divorce and family law services.
We are here to help.