Gem State Family Law Divorce

Divorce Lawyer in Eagle, ID

Legal Support for Divorce in Eagle, Star, Boise, Meridian & Surrounding Areas

Divorce is often a life-altering decision. It is generally never easy on anyone involved. In Idaho, as in many other states, the divorce process can be a long, stressful ordeal that strains your emotional stability and can have substantial financial implications. Divorce can disrupt the family structure, impacting children in particular, sometimes leading to effects upon a child’s psychological state, such as anxiety, resentment, and lowered school performance.

Having a competent, trusted divorce lawyer by your side during this time is essential. Your attorney can guide you through the intricacies of the legal process and provide the emotional support and objective advice needed to make informed decisions for you and your children. 

At Gem State Family Law, our seasoned divorce lawyer is well-versed in the myriad issues that must be resolved to finalize the process, such as the division of property and debt, child custody, visitation rights, child support, and potential alimony. Because our firm handles divorce and family law exclusively, we are well-equipped to provide proficient legal representation from start to finish.

Ready to Start a New Chapter? Contact Our Eagle Divorce Attorney Today via our online form or call (208) 203-7422

Understanding Divorce Laws in Idaho

To file for divorce, you must state the legal grounds for seeking it. Idaho provides for both no-fault and fault-based divorce. 

A no-fault divorce is based on irreconcilable differences in which you and your spouse have no hope of reconciliation. This means neither spouse has to prove marital misconduct on the part of the other in court proceedings, which can lead to a faster, less adversarial process. However, you must still deal with relevant issues, such as the division of marital property and debt, child custody, child support, and alimony.

No-fault can also be based on having lived separately and apart with no cohabitation for five years. 

Where you cannot agree on the issues, whether through your own efforts, through negotiations with the help of your attorneys, or through mediation, your case will need to be decided by a family court judge. This will extend the time it takes to finalize your case.

Key Reasons for Fault-Based Divorce in Idaho

  • Adultery
  • Extreme cruelty
  • Willful desertion for a minimum of a year
  • Willful neglect for a minimum of a year
  • Habitual alcoholic abuse for a minimum of a year
  • Felony conviction
  • Insanity
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Idaho Divorce Residency Requirements

Idaho has specific residency requirements for filing for divorce. The petitioner, the spouse who initiates the divorce, must have resided in Idaho for at least six continuous weeks immediately before filing. 

Furthermore, the divorce will typically be filed in the county where the petitioner or respondent resides. 

Divorce by Default in Idaho

A default divorce occurs when the respondent (the spouse who did not file for the divorce) fails to respond to the divorce papers served by the petitioner (the spouse who initiated the divorce). 

Once the divorce papers are served, the respondent has 21 days to respond. If the respondent does not respond within this timeframe, the petitioner can ask the court to grant a default divorce. 

This means the court may grant the divorce and make decisions on issues like property division, child custody, child support, and alimony based on the information the petitioner provided without any input from the respondent.

A default divorce, while expedient for the petitioner, may not favor the respondent as they lose the opportunity to present their side or contest the petitioner's claims. Therefore, responding to divorce papers promptly is critical to protect your rights.

Marital Property & Debt Division in Idaho

One of the most critical issues to be resolved in a divorce is the division of property and debt. Idaho follows community property laws, meaning all assets and debts acquired during the marriage are divided equally, irrespective of who earned or spent more. 

However, divisions can become complicated in the case of high-net-worth estates, where the asset pool might include businesses, retirement accounts, real estate, investment portfolios, and overseas accounts. 

The Benefits of Gem State Family Law Representation

Choosing us for your divorce proceedings means aligning yourself with a firm that understands the emotional turmoil and financial strain of divorce. Our experienced attorney, Frank A. Leavitt, will stand by you, guiding you through every step of the process, fiercely advocating for your rights while pursuing a fair and just outcome. 

We understand that each case is unique and deserves personalized attention and strategic planning. You can trust our team to handle your divorce with the utmost sensitivity and professionalism.

You can reach us via our contact page or call (208) 203-7422 to book a free confidential case evaluation.

Client Testimonials

    "Frank treated my family as if it were his own, tirelessly working to help me in my custody case!"

    From the first day I met Frank I knew he was the only choice! Frank treated my family as if it were his own, tirelessly working to help me in my custody case! I feel as if I have not only gained my daughter back in my life but have also gained a family friend for many years to come! If you need someone who is not only hardworking and passionate but also honest caring and attentive toward specific needs and desires in your case then I highly recommend Frank! Thanks, Frank! I have my daughter back because of you!!!

    - Richard S.
    "If you are looking for an attorney who will aid in making you feel confident, comfortable, and knowledgeable, look no further than Frank Leavitt."

    If any of my friends are in need of a fantastic family law attorney, I wouldn't hesitate to give them Frank's contact information. From beginning to finish, he was kind, realistic, and prompt with returning phone calls or taking care of anything that needed to be done on my behalf. In addition to his unwavering professionalism, he never hesitated to ease my worries or concerns. If you are looking for an attorney who will aid in making you feel confident, comfortable, and knowledgeable, look no further than Frank Leavitt.

    - J.J.
    "Frank is an amazing attorney and will fight for you tooth & nail."

    This can be a lengthy review so I'll keep it brief & provide the "need to knows". You need to know: The team is committed to you & your case. Although juggling multiple & various levels of difficulty, court cases, you area always made a priority and handled with the utmost care and respect. Frank is an amazing attorney and will fight for you tooth & nail. Once you two agree on a plan, he will run into a brick wall for you no matter who he has to combat. Frank will always shoot truth and never hype a situation to be what it isn't. I could say more and more, but I think you understand the drift. Not even a question, you should sign on & hire this family team. Frank will be family to me long after my case is resolved. That's the bond we've built. Not to mention, Frank's suit game is impeccable.”

    - Padric H.
    "I could not have gone through those proceedings without his advice, knowledge and expertise."

    After a lot of research I chose Frank Leavitt to help me with a child custody matter and I am so happy I did. He is wonderful, I felt he represented me expertly; I could not have gone through those proceedings without his advice, knowledge and expertise. Always punctual, kept me abreast of all happenings, always had my back in court.

    - Shannon M.
    "I worked with Frank Leavitt and I can't say enough about how excellent he is to work with."

    I can't recommend this law firm enough! They handled my issues with total professionalism with great advice. They weather the storm for you so you can keep your blood pressure down. I worked with Frank Leavitt and I can't say enough about how excellent he is to work with. THANK YOU!!!!

    - Troy G.
    "Frank is effecient, honest, and professional. I couldn't ask for a better Law Firm."

    After filing for my divorce with previous council and not getting the results I was expecting. I came to Leavitt Law Firm and got the best service I could ask for. After relaying my case to Frank. He fixed all the screw-ups my previous attorney failed to achieve. Frank is effecient, honest, and professional. I couldn't ask for a better Law Firm. Thanks, Frank

    - Elvin B.
    "Words can’t begin to describe what an amazing job he did in my case."

    If you are looking for a family law firm to help with your custody matter, contact Leavitt Law Firm and set up a consultation with Frank Leavitt. Words can’t begin to describe what an amazing job he did in my case. He handled the madness in stride, gave sound advice and was well-versed in the issues at the time of all hearings. He was well prepared for everything. When things hit the fan, I was lucky to have him in my corner. He was kind, compassionate, patient, understanding as an individual and knowledgeable in both facts and law as an attorney. Again, call Frank if you need an attorney for family matters.

    - Christopher F.
    "From someone who has gone through multiple attorneys and spent thousands and thousands, trust me when I say Frank Leavitt is the way to go!!!"

    I hired Frank Leavitt for my custody case and I am so glad I did! I had gone through horrible attorneys prior, had spent over 20k in attorneys fees before finding him. I wish I had found Frank from the start! He returns all emails and calls, never have to wait more than 24 hours for a response from him. He listens to everything you have to say and is very sincere. He fought hard for me and my children, I can't thank him enough. The staff at Leavitt office is also very kind and attentive, also very clean inside. From someone who has gone through multiple attorneys and spent thousands and thousands, trust me when I say Frank Leavitt is the way to go!!!

    - Jasmin L.
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