Walk It Through: The End Of A Marriage
Six weeks of residence, irreconcilable differences, the community property, the children and the grandparents.
A spouse who moved to Idaho a month ago wants to file for divorce.
Two things a person in this spot might do. Picking one shows what the law says about it.
One divorce with children. Child support, separate property, a prenuptial agreement, relocation and a divorce with a protection order are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Best interests of the childThe standard a court decides custody by, weighing the parents' and the child's wishes, the child's relationships and adjustment, continuity and stability, and domestic violence.
- Grandparent visitationReasonable visitation the district court may grant grandparents or great-grandparents on a proper showing that it is in the child's best interests.
- Irreconcilable differencesOne of the eight grounds for divorce, and the one that needs no showing of fault.
- MaintenanceSupport a court may order for a spouse who lacks enough property for reasonable needs and cannot support themselves through work, in an amount and for a time the court finds just.
- Community propertyProperty of the marriage, which in a divorce is divided substantially equally unless there are compelling reasons otherwise, and at a death without a will passes in the deceased's half to the surviving spouse.
- HomesteadA home occupied as the owner's principal residence, protected automatically against creditors up to $175,000.
- Joint custodyAn order giving custody to both parents with physical custody shared so the child has frequent and continuing contact with both. It is presumed to be in the child's best interests.