San Pedro, CA asked in Divorce for Idaho

Q: How long is the process for divorce in Idaho if both parties are amicable?

We have been married for 20 years, have 3 children (18,15,6) and will be filing in Idaho. Looking to get the divorce finalized by March 1st if possible. Reason is irreconcilable differences. What is involved and what is the duration of the process? We have lived separately since February of 2017. I am in the Army in California and we have already discussed how much money will be needed and what the custody situation should be. Thank you.

Related Topics:
1 Lawyer Answer

Kevin M Rogers

Answered
  • Boise, ID
  • Licensed in Idaho

A: It will take a minimum of 21 days for a default, if only one of you files and the other one just sits on their hands and does nothing. However, if you file the Petition and your wife files an Answer, then "amicable" won't begin to describe the end of the process or the time it will take. Typically, your wife will take her parents' advice or friends' advice and seek out a lawyer's opinion after you and she split the sheets. This lawyer if he knows what she's doing, will tell her that she has an absolute right to a huge portion of your retirement and will advise her NOT to agree with you simply because you and she had agreed to how much money it will take for her to live comfortably. No my friend, not likely. Further, she'll have a right to child support, irrespective of the amount of money you convinced her that she needs for the kids. The Idaho Legislature has a chart that TELLS HER how much money she will receive if she but asks. Few spouses or ex-spouses will agree to take a dime less than what they've got coming to them. You're in for a long haul my friend. It WILL however, go much smoother if both of you have lawyers representing you. When people try to do this themselves without lawyers, judges get involved and you do NOT want that to occur. Judges will smell something fishy a mile away and nobody wants to be on the receiving end of that!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.