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In addition to no-fault divorces, Idaho recognizes fault-based grounds for divorce. In a fault divorce a spouse can introduce evidence of marital misconduct, such as cruelty, desertion and adultery.
Unlike divorce, a legal separation does not put an end to the marriage, it enables you to live separately but remain married.
Yes, in most situations, courts in Idaho divide property evenly between the two parties in a divorce. In some situations there may be extenuating circumstances where the parties involved agree to a different method of dividing assets or the courts determine that a 50/50 split would not be fair to one or both parties.
Statistically, 80% of couples who enter a marital separation end up divorcing. And, on average, they remain separated for three years before finalizing their divorce. On the other hand, 10% of those who separate end up reuniting, on average within two years.
Separation means that you are living apart from your spouse but are still legally married until you get a judgment of divorce. Although a separation doesnt end your marriage, it does affect the financial responsibilities between you and your spouse before the divorce is final.
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In general, it is almost impossible to overturn an agreement after its already signed. There are certain situations where an addendum can be drafted that modifies the original agreement, and those can completely take the place of the first agreement. But theres a catch the opposing party will have to agree to sign.
A legal separation can also put a pause on the divorce process. It enables a couple to discuss all the essential issues, such as financial and custody issues, while still remaining married to determine if they really want a divorce. Unlike divorce, where there is no going back, a legal separation can be reversed.
If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
Idaho has community property laws providing that all of the assets and debts a couple acquires during marriage belong equally to both spouses. This means that in a divorce, the division of such propertyor the value of the property awarded to each spousemust also be substantially equal.
No, Idaho state law does not require the spouses be separated in order to get a divorce. Divorce papers should be filed with the Clerk of the District Court in the county where either spouse resides. In Idaho, a hearing will only take place if the Judge determines one is necessary.

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