Why is Choosing Divorce Grounds Such an Important Decision?
Divorcing couples have many family law concerns to discuss when meeting with an attorney at a Nampa firm. One of the first topics to consider is divorce grounds.
The Idaho divorce grounds statute allows you to choose one of the following grounds as the basis for divorce:
- Extreme cruelty
- Willful desertion
- Willful neglect
- Habitual intemperance
- Conviction of felony
- Permanent insanity
- Irreconcilable differences
Careful thought should go into deciding divorce grounds because grounds often establish the tenor of the whole divorce. Today, most couples are able to settle their issues outside of court instead of resorting to litigation. Litigation is an adversarial process that can inflame the disagreements underlying disputes. Spouses, who want to avoid controversy, should avoid litigation. The no-fault ground is irreconcilable differences, which means reconciliation is not possible. However, the ground does not assign blame to either spouse for the marriage breakdown. One spouse can simply attest to the fact that the marriage is irretrievably broken and no proof is necessary. By comparison, all the other grounds are fault grounds and your attorney must gather evidence to prove them. While a spouse can contest any divorce ground, the likelihood of contested grounds is much greater when alleging fault.
Litigation is appropriate in some divorces, based on the spouses’ temperaments or unwillingness to settle. Divorce cases involving domestic violence and drug or alcohol abuse may require litigation. Also, Idaho courts consider the fault of either party when determining alimony and fault may be a consideration when deciding the parent’s fitness for child custody. When getting a divorce in Boise, you can weigh important factors and reach the right decision by discussing family law with a knowledgeable attorney.
Gulstrom Henson & Petrie, P.C. works tirelessly to provide clients with excellent legal guidance in divorce cases.