Family Law FAQs Any information on this site is intended as general information as to the law and as advertisement only.  The law is very fact sensitive and it is advisable that you  speak to an attorney about the specifics of your case. Q: What grounds do I need for a divorce in Idaho?   A: Idaho is considered a no-fault state, meaning that if either party feels that the marriage is irreconcilable, a court can and will enter a divorce. While you may file for divorce based on things like adultery, desertion, or extreme cruelty, these things are not necessary to prove to get a divorce. However, if you can show any of these things it may be a factor for a judge in considering how to divide community property and any maintenance/alimony*   Q: Who will get custody of my kids if I divorce? A: The governing rule for custody decisions is always what is in the best interests of the children. Though courts prefer that parents make those decisions themselves or via a mediator, a court will order custody based what they are shown would be best for your children.   In Idaho, both parents are presumed to be fit unless proven otherwise. If both parents are fit then the law presumes that it is in the best interests of the children for both parents to have joint legal and physical custody of the children.   Joint legal custody involves the decision making in regard to health care, education, religious training, etc. Physical custody is where the children will reside. Although a custody arrangement can involve a 50/50 split of on-duty time with each parent, the courts often will award one parent the primary physical custody of the children, with the other parent receiving visitation.   For younger children a court will look at who the primary caregiver has been to the child along with parent availability (work schedules), to determine primary custody. For older children especially teenagers, the court will also obviously consider issues of continuity in school and other activities to decide what is best for the child.   Under the law a court can consider the wishes of a child when deciding custody, but most courts will not give any serious weight to a child’s desires on custody until the child is in his or her early teens.   Q: What is community property/debt? A: In Idaho, most property acquired after the date of the marriage is considered community property. This includes any income earned from work and any pension money earned during the marriage. Thus during your marriage if you buy a home, car, or furniture all of this would normally be presumed community property.   By the same token most debt incurred during the marriage is considered community debt and is responsibility of both spouses.  Although under limited circumstances some debt incurred by one spouse during the marriage, and concealed from the other spouse, may possibly be considered to be the separate debt of the borrowing spouse after the divorce.   Community property and debt is usually divided equally between the parties upon divorce.   It should be noted however, that any property owned by either spouse before the marriage, and property inherited by a spouse after the marriage, typically remains that spouse’s separate property after the divorce.   Q: How does the divorce decree effect my creditors?   Typically all a divorce decree does is give each spouse a court ordered responsibility to take care of specified debts.  The decree has little if any bearing on a creditors ability to collect a community debt from either spouse.    This means that if your ex-spouse is ordered to pay back the credit card, and doesn't, the credit card company may still come after you to collect.  If this happens, you in turn would have the right to go back to Court and seek to hold your spouse in contempt for not paying and ask the Court to compel him or her to reimburse you.     Q: How much child support will I receive/have to pay? A: The Idaho Supreme Court publishes pre-determined guidelines for establishing child support. The process involves first establishing how much time the child will spend with each parent (custody), then plugging that custody arrangement into the guidelines formula along with each parent’s income. The guidelines will then generate the amount owed and to whom.   The guidelines are based on the assumption that both parents have a duty to support the child. Even if one parent is not working or has quit their job or voluntarily remained un/underemployed, the guidelines allow the other parent to “impute”—assume the unemployed parent is earning income for purposes of the calculation. The proper amount of imputed income will be determined by the specifics of each situation. At the very least, a court will almost always assume that an unemployed parent can and should be earning at least full-time minimum wage.   Call for a free consultation today!