Divorce is one of the most difficult things a person and family can go through. If you are contemplating divorce or are currently engaged in divorce proceedings, you should consider working with an Idaho Falls family lawyer. A lawyer can provide legal representation to ensure your interests are respected and accommodated.
Brown Family Law has helped thousands of clients and their families through their legal issues. We know how monumental a life change like divorce is and can offer our legal counsel and empathetic support. Contact our offices today to discuss your case with a divorce lawyer in Idaho Falls.
Helping You Find Life After Divorce
Nobody plans on getting divorced when they get married. But life sometimes has other outcomes in mind than our plans. Our team at Brown Family Law understands that divorce is a major transition, whether it’s mutual or not. We can represent your interests while respecting the privacy and dignity of your family.
Our firm has 150 years of combined legal experience in family law and favors a strategic approach to family matters. We believe in a smarter way to do divorce and will work to resolve your issues with as little unnecessary conflict as possible. We are here to support you and help you secure a satisfactory and fair outcome.
Get Clear Guidance for Your Divorce
Divorce Issues We Can Help With
We have extensive experience navigating a wide range of divorce issues. Below are just a few areas where an Idaho Falls divorce lawyer can help:
- Property division. One of the main issues involved with divorce is dividing marital assets. Idaho’s community property laws have a significant impact on how assets are divided.
- Child custody and support. Idaho mandates that parents with minor children create a parenting schedule and custody agreement. These agreements outline parental rights and obligations concerning visitation time and paying child support.
- Spousal maintenance. Spousal maintenance, or alimony, is not granted automatically in Idaho and must be requested. Decisions about maintenance are made based on each spouse’s earning capacity and separate assets.
- Paternity. Paternity may need to be established or contested as part of a divorce involving custody and support.
- Modifying or enforcing divorce orders. If you wish to modify an existing divorce order or compel enforcement of an existing order, our attorneys can help you file petitions to the court.
No matter your existing issue, we can help. Our Idaho Falls divorce attorneys can use our experience to apply insights and strategies to your current legal situation.
A Calmer, Clearer Way Through Divorce
Important Facts About Divorce in Idaho Falls
Idaho has specific laws about divorce proceedings and requirements. Whether you are initiating divorce or responding, below are some of the most important rules and laws to be aware of:
Idaho Has Fault and No-Fault Divorce
Idaho allows divorce on both fault and no-fault grounds. Under no-fault divorce, the only requirement is that one party show that the relationship is broken due to irreconcilable differences or that the spouses have lived separately for at least five years.
You can also file for a fault-based divorce. Idaho allows for fault-based divorce in the following circumstances:
- Adultery
- Extreme cruelty
- Willful desertion or neglect
- Intemperance
- Felony convictions
- Insanity
Under a fault-based divorce, one party must prove the other party committed marital misconduct. Fault determinations can impact the division of assets and other divorce matters, like spousal support.
Idaho is a Community Property State
Idaho is one of nine community property states in the U.S. Under Idaho’s community property rules, all assets gained during marriage are generally to be split evenly upon divorce. This is in contrast to equitable distribution states, where divisions depend on economic contributions. Community property includes things like real estate, bank accounts, and personal possessions.
Community property rules require an equal distribution of marital assets, but they can be altered under some circumstances. Judges have discretion to alter marital asset distribution based on facts about the marriage and divorce, such as the presence of fault.
Mediation is Often Mandatory for Contested Divorces in Idaho
Mediation is a form of alternative dispute resolution where both parties of a divorce work with a third party to reach an agreement. Mediation is often required in contested Idaho divorces, particularly those involving child custody. Mediation can take place over a single session or over multiple sessions.
Contact an Idaho Falls Divorce Attorney
Divorce may be the end of one thing, but it can also be the beginning of something new. We are here to help you through your difficult period and put together a plan that allows for your flourishing and security. Our team at Brown Family Law is equipped to guide you through any legal challenges and difficulties you may face.
Contact an Idaho Falls divorce lawyer today to schedule a case consultation.