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Divorce, Child Custody, and Child SupportStarting a divorce in IdahoPoperty division in Idaho Child custody in Idaho Changing custody, visitation, or a support obligation Starting a divorce in Idaho Any person that has been living in Idaho for at least six weeks can file for a divorce, regardless of how long the parties have been separated or whether or not three are children involved. The process starts by filing a complaint, where one party asks the Court to dissolve the marriage, determine issues of custody and support, and divide separate and community property. The Complaint must be carefully drafted as it sets the stage for the entire proceeding. Property division in Idaho There are two types of property the Courts concider in a divorce case: Separate property and Community property. There is a presumption in Idaho that everything obtained during the marriage is considered Community property, regardless of how it was acquired. However, if one party can show that a particular piece of property was acquired before the marriage or during the marriage by gift or inheritance, that party may be able to establish property as Separate property. In Idaho, all Separate property is awarded to the individuals whose property it is, and all Community property is divided equally, excepting some extraordinary circumstances. Debts are treated the same way: If they were acquired during the marriage, they are Community debt and will be split equally. If they were acquired before the marriage, they are Separate debt and will be awarded to the party who brought them into the marriage. Property issues can be complicated. It is important that you speak to an Attorney to ensure that your property rights are protected. Child custody in Idaho Idaho courts generally favor giving parents joint legal and physical custody. Legal custody is the parent’s ability to make choices regarding the child’s medical care, education, and religious upbringing. Joint physical custody means that each party is entitled to a certain amount of time with the child. In deciding whether or not to grant joint legal or physical custody and setting forth a custody and visitation schedule, the court will determine what is in the best interests of the child. In determining what is in the best interests of the child, the court will look at a number of factors. Every case is different, most involving multiple factors that compete. Chid custody must be handled carefully to ensure that you obtain a positive result. Changing custody, visitation, or a support obligation If you pay or receive court ordered child support, or have custody or visitation with a minor child, you may be able to get either of them changed. Idaho requires that, in order to change child support obligations or custody, you must prove both that there is a material and substantial change in circumstances and that a change would be in the best interest of the child. A change in circumstances can be any number of things, as long as the change is one that the court would consider substantial. Events that may qualify as a change in circumstances may include loss of a job, substantial increase/decrease in income, the desires of the child, or the conduct of the other parent. The issues vary widely and should be examined by an Attorney before proceeding with a Petition to Modify. |
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©2011 Gaffney Law Office 591 Park Ave # 302, Idaho Falls, Idaho 83402 208.524.6655 Idaho Falls lawyers serving as divorce lawyers, personal injury lawyers, criminal lawyers, and collections lawyers in the Idaho Falls, Rexburg, Rigby, Blackfoot, Salmon, Pocatello, and Bear Lake areas. |  |  |  |
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