Determined Idaho Divorce Lawyers Advocate for Families

Helping divorcing parties in the Boise and Meridian areas

The Boise Law Firm, PLLC handles all aspects of divorce cases from our offices in Boise and Meridian, Idaho. If you are getting divorced, our attorneys can represent your best interests in and out of court, help you get your fair share of the marital assets, and explore whether spousal maintenance is appropriate in your case.

Dividing property and debt when couples divorce

Idaho is a community property state, which means most property acquired by either spouse during the marriage is deemed jointly owned by both. The same is true for all income derived during the marriage from assets that each spouse brings into the marriage. Debts from the marriage are also considered community in nature. If you don’t divide your property and debts, the court will do it for you by determining the value of all community property and making an equal division. As for debts from the marriage, they must be assigned to one spouse or the other. However, it is important to note that divorce orders are not binding on creditors under Idaho law, so if one divorcing spouse is unable to pay a communal debt, creditors may seek to collect the debt from either spouse. We can seek a lien on the assuming spouse’s property as security to make sure that they pay the debt.

Paying or receiving spousal maintenance

Idaho courts can award three types of spousal maintenance, sometimes referred to as alimony:

• Temporary — Provides for a spouse until the divorce is finalized
• Short-term — Helps a spouse get the education, skills and tools needed to become self-sufficient
• Long-term — Is permanent, and usually reserved for long marriages or if a spouse has significant needs

We can explore whether you or your spouse will qualify for maintenance and, if so, for how much.

Seeking an annulment

In most cases, terminating a marriage will require a divorce, but in very limited situations, Idaho allows annulments, which make it as though the marriage never existed. In Idaho, grounds for annulment include one spouse being:

• Underage
• Of unsound mind
• Forced into marriage or defrauded
• Physically incapable of consummating the marriage

We can help you determine whether the court is likely to grant you an annulment.

Using mediation or arbitration to avoid court

Mediation usually offers more privacy and personalization and less formality and cost. We may be able to help you divide marital assets and settle other issues like spousal maintenance, child support and child custody this way. A neutral mediator gives both parties a chance to be heard and to negotiate a fair solution. Arbitration is similar to mediation but is more formal and doesn’t require the parties to come to an agreement. Instead, they present their arguments at a hearing with an impartial arbitrator, who hands down a decision. Our firm can help you explore these options.

Contact our Boise firm for a free divorce consultation

The attorneys at The Boise Law Firm, PLLC, with offices in Meridian and Boise, Idaho, are ready to help with your divorce. Call us at 208-336-1145 or contact us online for a free consultation.