When considering getting a divorce in Caldwell, there are many things that you must consider related to family law such as child custody, whether to get legal representation and does the divorce attorney offer free consultation, is there a business in the list of assets, will I have to pay alimony or spousal support, will this be a no fault divorce, and countless other family law questions.

Full Service Law Firm

We specialize in family law which means we help people through the divorce process to ensure our clients get the best possible outcome. Our attorneys have the knowledge and ability to aggressively fight for your case.

The divorce attorney for your case will be able to analyze your case from top to bottom and determine what marital assets you are entitled to from the marriage, and the child custody that is appropriate given the children and the parents' situations.

Divorce Requirements

Before filing for divorce, you need to check whether one spouse is qualified to file for a divorce in Idaho. In order to file for divorce in canyon county, one party has to have lived in Idaho for at least six (6) weeks.

This is one of the shortest timeframes in the United States to file for divorce, end the marriage, and move on with your life. Other states have a 6 month waiting period before you can filed for divorce.

Fault or No-Fault Divorce

In Idaho family law, you can either file a fault or no fault divorce. What that means is you can file for a no fault divorce based on irreconcilable differences or you can file for a fault divorce based on the grounds that Idaho family law provides.

Grounds for Divorce

Idaho provides the following grounds for divorce:

• Adultery
• Extreme cruelty
• Wilful desertion
• Wilful neglect
• Habitual intemperance
• Conviction of felony

7.  When either the husband or wife has become permanently insane

When you file for a caldwell divorce, you have to keep in mind that when you allege one of the grounds, you have to put forward the evidence for the judge to determine whether it is valid and enforceable in family law cases.

Spousal Support

During the divorce, one party may request spousal support or alimony. Your divorce attorney should be able to review your situation and determine whether you can ask or whether the other spouse's request for alimony is valid or likely to be granted.

Whether the court will grant a request for alimony depends on whether the person can pay their reasonable monthly living expenses through employment or if they have enough property to pay their bills.

If the person requesting alimony can show the court that they cannot pay their bills through their job or property, the court will review certain factors to determine how much they should get and for how long.

Spousal Support Factors

Idaho courts will review the following factors when deciding the alimony amount and length:

• The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;
• The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;
• The duration of the marriage;
• The age and the physical and emotional condition of the spouse seeking maintenance;
• The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
• The tax consequences to each spouse;
• The fault of either party.

Child Custody

When there are minor children involved in the case, the parents must determine how child custody is determined. The spouses can either agree on the parenting plan. However, if the spouses cannot come to an agreement, the litigation must continue and the case will eventually end up in front of a judge.

If the family law case gets put in front of a judge, then the judge will be the one making the final determination of who gets the kids and when.

When discussing child custody, it is important to understand there is a difference between physical custody and legal custody. Our law firm specializes in ensuring that your child custody rights are entact.

Physical Custody

This refers to who has the kids and when. When thinking about physical custody, ensure that you are planning out holidays, birthdays, etc, when trying to determine the parenting plan for when your Caldwenn divorce is finalized.

Another important aspect of physical custody is that it is a main factor when child support is calculated under the Idaho Child Support Guidelines.

Legal Custody

Legal custody refers to who gets to ake the main decisions about the child's life such as school choice, major medical decisions, religious affiliation, etc.

Joint Custody Presumption

When the court looks at either physical custody or legal custody, keep in mind that so long as there is not domestic violence or anything else that would make the other parent unable or unfit to take care of the children, there is a presumption that joint custody is in the best interest of the children. Your excellent attorney in the treasure valley will be able to walk you through this decision.

Child Support

During your Caldwell divorce if there are children involved, your divorce attorneys will be able to tell you the Idaho Child Support Guidelines calculate the monthly amount based on the parenting plan and the parties' income. The percentage of time that each parent gets and what each spouse makes each year will be the driving factor for the amount. Other issues come into the mix, such as health insurance.

Contact Us Today for your Free Divorce Consultation

The professional legal counsel at the firm specializes in family law including divorce and child custody. The attorneys have experience in other areas of the law as well such as criminal defense, personal injury, bankruptcy, etc.

However, for the past several years, the attorneys here at the law firm have handled almost exclusively divorce and child custody cases.