If you and your spouse are struggling with irreparable differences, the first step is to seek counseling. If that doesn't work, the next step should be legal separation. Idaho provides a way of legally separating while preserving many rights of marriage. This article will explain how it works in Idaho and other states and some of the options available.
What Is Legal Separation In Idaho?
Legal Separation in Idaho is a form of legal separation where both spouses agree on some terms and conditions of a relationship that they do not want to continue. These terms can change at any time during the legal separation period. Once a legal separation is approved in court, the parties are no longer considered married, and the legal separation agreement becomes legally binding. A judge has no authority to approve a divorce order (which ends the marriage) as part of a legal separation order.
A legal separation agreement separates you from your spouse and keeps some aspects of marriage, including property division, custody, and support agreements, and it is valid even though you are not divorced. It is not considered a dissolution of marriage.
What are the Benefits of a Legal Separation in Idaho?
There are many benefits of a legal separation in Idaho.
-
It allows the parties to live apart and resolve their issues outside of court. Since the Agreement is not final, parties are able to change their minds and pursue a divorce afterward should they choose to do so. Once an agreement has been entered into, it can be changed if circumstances change or one party breaches the terms of the Agreement.
-
Since the separation agreement is not final, spouses can use the legal separation agreement as leverage to pressure each other into keeping their end of the legal separation agreement. A party can call in a judge to enforce an agreement wherein neither spouse wants to move out. The Agreement that is filed with the court does have legal force, but only if it is authentic and signed by both parties.
-
The legal separation agreements are usually confidential and cannot be used as evidence in a divorce proceeding unless both spouses consent.
-
Many states allow you to register your Agreement as a valid contract. This means your Agreement can be enforced in other states and can be used to collect child support from out-of-state residents if the child is located in another state and living with the other parent.
-
Since your Agreement is not final until the court approves it, couples often choose to live apart and resolve their issues without having to go through the expense and turmoil associated with a divorce.
-
Legal separation used as a strategy in an ongoing divorce may be more effective than going to court. In court, both parties must appear and often spend considerable amounts of money on attorneys who advise them on how best to present their case.
Disadvantages of legal separation in Idaho
There are some disadvantages of legal separation for couples that are considering it in Idaho, though.
-
If both spouses agree on a legal separation, no court approval is necessary. If either party wants a divorce, then the court will automatically grant it.
-
If one party is not satisfied with the Agreement, or if there is a serious problem with the Agreement which cannot be resolved by the parties, then divorce must be filed.
-
Using it as leverage may not always work as planned. You may be able to use the Agreement as leverage to demand that your spouse see the counselor with you, but you will not be able to force him into court for a judge to enforce the terms of the separation agreement.
-
Legal separations often do not last forever.
-
If couples separate under a legal separation agreement, the length of time the parties lived separate and apart is still considered when calculating child support in Idaho.
Legal separation vs. divorce in Idaho
-
At the time of a legal separation, the parties are still legally married, and all the rights and obligations of a married couple still apply. A divorce is final, and the parties are legally single.
-
If one party is not satisfied with the Agreement, or if there is a serious problem with the Agreement which cannot be resolved by the parties, then divorce must be filed.
-
A divorce dissolves everything about marriage, including child support obligations, spousal support obligations, property settlement agreements, and anything else that affects one's life in a marriage. A legal separation does not dissolve anything. The parties have not married, and only the terms of the legal separation agreement matter.
-
In Idaho, legal separation is only available to married couples and is not available to those who are living together without the benefit of marriage.
-
Because of custody issues and/or child support obligations, one or both parties will probably want to get divorced even if they can't agree on other terms.
-
In a legal separation, the court cannot grant a divorce but only approve or disapprove the terms of an agreement. If one party wants a divorce but the other does not, then a judge can grant the divorce even if the parties have no agreement or have a bad agreement.
Legal separation in Idaho cost
Legal separation in Idaho is not very expensive. The cost of a legal separation attorney in Idaho starts at $150,000 to $275,000. The cost depends on your location, the terms of the Agreement, etc.
How long does legal separation take in Idaho?
The legal separation process in Idaho can take a few weeks to several months. It also depends on the terms of the Agreement and how complicated they are. If there's a possibility of getting back together with your spouse, it is recommended to enter into an agreement that offers a cooling-off period before it becomes final.
Child Custody and Child Support in Idaho
-
In Idaho, there is both sole custody and joint custody for parenting. Either is allowed with the consent of both parents and a judge. Both types can be used with a mutual agreement or without one parent's consent. Joint custodianship allows for joint physical custody as determined by the court but gives each parent equal decision-making authority without recourse to finding a third-party guardian to oversee the child's care.
-
The law states that custody of a child must be equally shared by both parents unless there is a written agreement to the contrary prior to the dissolution of marriage. The courts are very strict about equal sharing and will not make an exception for special circumstances like parental drug use or domestic violence, which may eventually result in equal sharing of custody.
-
The court does not make the decision of custody solely on the basis of the circumstances that existed prior to the dissolution of marriage.
-
It is always recommended to get legal advice from a family law attorney before considering separating from your spouse and going through with a dissolution of marriage.
-
If you have a strong case for an equal division of custody, you can file an order or petition. This process takes time and involves many steps. You will need to follow the legal process until it becomes final, or you may lose your rights.
-
Children born to married parents and one-parent remarries considered joint inquiry children. Joint-interest children have both or either parent recognized as the legitimate parents unless there is something legally true about one parent being the father or mother of the child.
-
Young children or dependent adults can remain in the custody of a parent without having to give up their home and relocate as they may have had to do in a divorce proceeding.
What is Trial Separation in Idaho?
A trial separation may be beneficial if you're hesitant to enter the complicated realm of divorce and separation. For some couples, a limited time apart allows both spouses to evaluate the marriage before involving the court.
Since these are ad hoc agreements, and courts aren't involved in their formation or administration, you're free to establish a temporary agreement that works for your family. Most couples can come to an understanding about the terms of the trial separation simply by talking, but if you want more protection, you may request it in writing. The Agreement will not be enforced.
You can reconcile, file for a legal separation, or file for divorce at the conclusion of the trial separation.
Do you need an attorney to file Idaho legal separation?
It is not required to have an attorney when filing for Idaho legal separation. But it is recommended to get legal advice. An attorney can help you prepare and make sure that you have a legally valid agreement by handling the liability and divorce issues.
A family law attorney can also help you understand the legal issues involved and look after your best interests when filing for a legal separation or divorce.
What is Idaho Separation Agreement?
A separation agreement is an informal document outlining the terms and conditions of a legal separation or divorce. It is also called a "Separation Agreement" or "Marital Settlement Agreement."
It does not terminate marriage but provides for the division of property, child custody, and spousal support. It may be used if the parties have no minor children or if there is no division of property that needs to be settled. Any separation agreement must be approved by a Court before it becomes final.
How to prepare an Idaho Legal separation agreement?
In Idaho, as with any other U.S. state, separation agreements are required to be in writing and signed by both parties before they become effective.
-
When preparing to enter into an agreement for legal separation, it is very important that you understand how this kind of separation will affect your future rights and obligations if you end up getting divorced later down the road.
-
Before a separation agreement is approved by the court, it must be reviewed to make sure that it accurately reflects the Agreement of the parties. An attorney should also be consulted regarding your legal rights in Idaho.
-
Some people using an attorney prepare a simple document stating the names of parties, date, and place of separation, liquidation or division of assets, child custody, support, etc.
-
The Legal Separation Agreement should be signed by both parties in the presence of witnesses and/or notaries public (depending on the state). It must clearly say that both parties have been advised to seek independent legal counsel prior to signing it.
Conclusion
Legal separation is not quite a divorce, but it is more than just legal separation. It may be the best way to resolve irreconcilable differences without having to go to court. As with a divorce, the separation agreement must be approved by the court, but an agreement should be signed shortly after you begin counseling and before the legal separation is filed. It may also be useful to have an agreement in case there are any problems later that you can use as leverage.
Click Here to Begin
