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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.

Disadvantages of legal separation in Idaho


There are some disadvantages of legal separation for couples that are considering it in Idaho, though.

Legal separation vs. divorce in Idaho



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



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.



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.

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