If you are considering a legal separation in Idaho, there are steps you need to take to ensure the process is done correctly and legally. In this guide, we will take you through the steps you need to follow to obtain a legal separation in Idaho.
Understand What Legal Separation Means
A legal separation is similar to divorce. It is a legal process that allows spouses to live apart while retaining important legal rights such as:
- Property division
- Debt allocation
- Child support
However, unlike divorce, legal separation does not completely end the marriage. During legal separation, spouses will remain married and will not be free to remarry unless they file for a divorce.
Ensure That You Meet The Residency Requirements
To file for a legal separation in Idaho, you must meet the state’s residency requirement. You or your spouse must have resided in Idaho for at least six weeks before filing your petition for legal separation.
File A Petition For Legal Separation With The Court
To start the legal separation process, you must file a petition for legal separation with the district court clerk in the county where you or your spouse reside. You will also need to pay a filing fee which varies in each county.
Notify Your Spouse
You must properly serve your spouse with a copy of the legal separation petition, along with a summons and other necessary paperwork. This can be done in a few ways, including:
- Hiring a professional process server
- Having a friend or family member deliver the documents
- Requesting the sheriff’s department to serve the documents
The court must have proof that the spouse has been served. Failure to serve your spouse properly can lead to delays in the legal separation process.
Attend The Initial Court Hearing
Once your spouse has been served, the next step is to attend the initial court hearing. This hearing is usually held within 30 days of filing the petition. During this hearing, the judge will determine if both parties agree on issues such as property division, child support, and debt allocation.
If both parties cannot come to an agreement, the judge will set a date for proceedings to begin and both parties will be required to attend court hearings and trial.
Completing The Legal Separation Process
The legal separation process involves:
- Property division
- Debt allocation
- Spousal support
- Child custody and visitation
- Child support
- Other related issues as determined by the court.
During the proceedings, both parties will be required to provide evidence and testimony to support their positions. The judge will assess the evidence and make a decision that is fair and equitable to both parties.
Finalizing The Legal Separation
Once the court has made its decision, the legal separation agreement will be submitted to the court for approval. Once approved, the paperwork will be filed with the clerk, and you will be issued a decree of legal separation.
The decree of legal separation outlines the terms of your legal separation, including issues such as property division, child custody and support, debt allocation, and spousal support. The decree legally separates the spouses while retaining their legal marriage status.
Conclusion
Obtaining a legal separation can be a complex and lengthy process. It is important that you follow the steps outlined in this guide to ensure that your legal separation is done correctly and legally. If you have any questions about the legal separation process, you should consult with an experienced family law attorney.