Divorce in Idaho
As a Boise Divorce Attorney people often ask me what is required for them to get divorced in Idaho. There is one basic requirement. You must have lived in Idaho for at least 6 weeks. This allows an Idaho court to have jurisdiction over you and to issue a decree of divorce.
Common Law Marriage in Idaho
Even though this sounds like a no-brainer, it is a valid point. To get a divorce in Idaho you must actually be married. That is important because at one point Idaho recognized something known as common law marriage. For this type of marriage there was no formal ceremony or no marriage license. You could decide to live together and to be married. For the marriage to be valid you would have to act like you were married. For example, you would have to tell people you were married and maybe even your friends might think that you were married. You bought property together, shared a bank account and made financial decisions together. This was a hold over from the old days when a judge might not be around to marry you so the law let you say you were married by way of co-habitation.
Boise Divorce Lawyers, who have practiced for numerous years, remember when Idaho acknowledged common law marriage. The Idaho Legislature abolished common law marriage effective January 1, 1996. If, however, you were common law married before that date, your marriage is still acknowledged as a valid marriage in Idaho. That having been said, if you want to split from your spouse you have to go through formal divorce proceedings. All the laws about community property and community debt will apply to you as well.
Custody in Idaho
Although
you can get a divorce in Idaho after you have lived here for 6 weeks,
you cannot have a court decide the custody of your minor children. You
can file for divorce but the custody portion either must wait or must be
done in the child's home state. Idaho cannot exercise jurisdiction
over the children for 6 months unless there is an
emergency situation. In the case of an emergency, the Uniform Child
Custody Act will kick in and allow an Idaho court to make rulings
necessary for the health and welfare of a child.
If you have a divorce or custody issue and want to speak with a Boise Divorce Attorney, give us a call, (208) 472-2383 and see what we can do for you.
