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Not a Legal Separation Living apart and legal separation are two different things. What's the difference between living apart and legal separation? To be legally separated, the spouses must have a court decision. This decision settles the fallout of the separation in an official way.
Idaho has a mandatory 21-day waiting period between the time your spouse was served and the time you finalize your divorce.
Just as with an Idaho divorce, legal separation requires the filing of paperwork. The process begins when one spouse files a petition for legal separation. This petition will provide the court with contact information, the date of your marriage, and when you began living apart.
Just as with an Idaho divorce, legal separation requires the filing of paperwork. The process begins when one spouse files a petition for legal separation. This petition will provide the court with contact information, the date of your marriage, and when you began living apart.
In Idaho, the obligation to pay child support ordinarily ends when a child turns 18 and is no longer attending high school, or when a current high school student turns 19. A parent who wants to modify (change) an initial child support award will have to show that circumstances have changed substantially.
The 2022 court filing fee is $207 and the waiting period to receive a final divorce decree from an Idaho court is a minimum of 21 days after the filing and service of process. For any additional questions, our family law attorneys are here to help.
The ?no-fault" ground for divorce in Idaho is called "irreconcilable difference." You can also divorce if living separately for at least five years. The fault-based grounds for divorce included: Adultery. Extreme cruelty or inflicting serious physical or mental harm on your spouse.
In Idaho a surviving spouse can choose to do a simple Affidavit of Heirship as their Idaho probate when certain circumstances exist. An Idaho Affidavit of Heirship is a wonderful mechanism used to transfer personal property to the surviving spouse without the requirement of filing a probate with the Idaho courts.