A Complaint is the document which begins a lawsuit. In it, one is asking that the Court grant a divorce as well as any and all other relief requested, such as spousal and child support.
Idaho Complaint for Divorce
Category:
State:
Idaho
Control #:
ID-CAO-1-2
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Word;
PDF;
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How to fill out Idaho Complaint For Divorce?
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FAQ
Equitable distribution is a method of dividing property at the time of divorce. All states except for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin follow the principles of equitable distribution.
How long does a divorce take in Idaho? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
Idaho is a fault and no-fault state. It is not necessary to show that either one of the parties was at fault. One statutory basis for a divorce in Idaho is that there is no reasonable likelihood that the marriage can be preserved and, therefore, the marriage is irretrievably broken.
Because Idaho is a community property state, there is a law that presumes when you are married that all property that you have in the marriage is owned jointly by both you and your spouse. Community property is simply that, property that is owned jointly and equally by both the husband and the wife.
Grounds are legally acceptable reasons for divorce. You can get a divorce in Idaho without alleging that your spouse is at fault if: you allege that there are irreconcilable differences, which means there are differences between you and your spouse that cannot be changed and have led to a breakdown of the marriage.
Since Idaho is a "Community Property" state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered "up for grabs" in the divorce will be distributed equally to each spouse.
If you prove to the judge that your spouse committed adultery, then you are entitled to a divorce on that ground. Obtaining a divorce on grounds of adultery may also give you a leg up in other aspects of the divorce, like alimony.
However, in Idaho, adultery has been considered a felony since 1972.Adultery is illegal in 21 other states, but Idaho is one of a few to classify it as a felony. If prosecuted to the full extent of the law, a person could spend up to three years in prison and be fined up to $1,000.