Idaho Divorce FAQ
If you’re considering divorce or are already in the midst of one, you likely have a long list of questions. You’re not alone. At Anthon Law, we hear from Boise-area couples every day who are trying to make sense of the process, the paperwork, and what the future may hold.
Here are some of the most frequently asked questions we address, along with clear guidance based on Idaho law.
1) Can My Spouse Block the Divorce?
In Idaho, the answer is simple: no, they can’t. Idaho is a no-fault divorce state, which means either spouse can file for divorce citing irreconcilable differences.
If your spouse doesn’t want the divorce, they can delay the process slightly by contesting it, but they can’t stop it. The court won’t force someone to stay married just because the other person objects.
2) How Long Will This Take?
Idaho law requires a minimum 20-day waiting period after the divorce petition is served. That’s the soonest you could be legally divorced. But in reality, most cases take longer.
An uncontested divorce, where both spouses agree on all terms, can be finalized within a few months. In contrast, a contested divorce, particularly when disputes arise over custody or property, may take a year or longer.
3) What Will This Cost Me?
Costs vary based on complexity. A straightforward, uncontested divorce might cost as little as $1,500. If you’re facing disputes over assets, parenting, or alimony, expect legal fees to climb sometimes north of $10,000.
Court filing fees in Idaho typically range from $200, and attorney rates in Boise often fall within the $250-$300 per hour range. Mediation and expert witnesses can add to the cost, but can also prevent a much more expensive trial.
4) How Does Idaho Split Up Property?
Idaho is a community property state. That means most assets (and debts) acquired during the marriage are split 50/50. It doesn’t matter whose name is on the car title or who earned more. If it was acquired while married, it’s generally considered marital property.
However, there are exceptions for separate property like inheritances, gifts, or anything owned before the marriage, so long as they haven’t been mixed in with marital assets.
5) What About the House?
For many couples, the family home is the biggest shared asset. In an equal division, one spouse may retain the house, while the other receives something of equal value, such as retirement assets or a larger share of the savings.
If neither party can afford to keep the home, the court may order it sold, and the proceeds divided. When children are involved, the spouse with primary custody could be granted the house to help ensure stability.
6) Can My Child Choose Who to Live With?
A common misconception is that children get to choose which parent they live with. In Idaho, courts consider the child’s wishes, but only as one factor, typically when the child is mature enough to express a preference. There’s no magic age.
Ultimately, custody is determined based on the child’s best interests, not their vote. Judges will also consider each parent’s ability to provide for the child, the child’s relationship with each parent, and other relevant factors.
7) How Is Custody Usually Handled?
Joint custody is common in Idaho, though that doesn’t always mean equal time. Legal custody (decision-making) and physical custody (where the child lives) can be split differently. If the parents can agree on a parenting plan, courts generally approve it. If not, the judge will make the decision.
Boise-area courts often require mediation as a first step, especially in contested custody matters, to reduce conflict and help parents focus on the child’s needs.
8) What Will I Pay or Receive in Child Support?
Child support in Idaho is based on a formula that takes into account both parents’ incomes, the number of children, and the division of parenting time.
Additional factors, such as health insurance and childcare costs, are also taken into account. Even in joint custody cases, one parent may be required to pay support to equalize the financial impact on the child. The state provides a calculator, but it’s smart to get a professional assessment if your case involves complex income streams or disputed time splits.
9) Will I Have to Pay Alimony?
Spousal support (or maintenance) isn’t automatic in Idaho. It depends on the financial circumstances of each spouse. The court may award support if one party can’t meet basic needs or needs time to become self-sufficient. Usually, it’s temporary and meant to help a lower-earning spouse get back on their feet.
Long-term alimony is rare and typically reserved for older spouses or those in long marriages where one spouse has no realistic means of supporting themselves.
10) Can We Avoid Going to Court?
Absolutely. Many couples settle their divorces out of court through negotiation or mediation. Idaho courts generally prefer this approach and may even require mediation before trial, particularly when custody is in dispute.
If you and your spouse can agree on the terms, you can submit a settlement agreement and finalize your divorce without setting foot in a courtroom. This not only saves money but also gives you more control over the outcome.
Ready to Move Forward?
Divorce is always challenging, but having clear answers can make the process easier. At Anthon Law, we assist clients throughout Boise in understanding their rights and safeguarding what matters most. Whether you’re just starting or overwhelmed with paperwork, we provide guidance with clarity and compassion.
Schedule a consultation and take the first step toward a better tomorrow. Your future deserves an experienced advocate who’s on your side.
