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.

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1 Lawyer Answer

Kevin M Rogers

  • 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!

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