Wednesday, March 14, 2012

Boise Divorce Attorneys - Marriage and Divorce

Sometimes the answers to questions are so obvious, we can't believe that they are really the answer.  For example, when does a marriage end?  The most obvious answer is upon divorce, but there is another way.  Death, at least legally, will end a marriage.  A divorce decree will return the parties to the status of unmarried people, but so will death.

As a Boise Divorce Attorney another question I am asked occasionally is if a divorce can be denied.  Because divorce is of a legal nature it can be denied, but the denial depends upon the grounds for divorce.  A divorce, for cause, can be denied if the elements of the case are not proven or if they divorce is not filed in a timely fashion.  For example, if you file for divorce on grounds of adultery, you must prove that the other party, in fact, committed adultery.  In addition, you must file for divorce based upon adultery within 2 years of the act or discovering the act.    If you don't your action will be denied.  Another example is divorce on the grounds of felony conviction.  You must file within 1 year of a pardon or the completion of the sentence related to the criminal action.

Can a divorce ever not be denied?  The Idaho Code contains a provision for irreconcilable differences as grounds for divorce.  Irreconcilable differences basically means that you can't get along and that the marriage is ineffective.  This is not a "for cause" action and therefore a divorce on these grounds will not be denied.

Withdrawal of Action
Sometimes a party will file for divorce and then change their mind.  Does this mean that the divorce cannot proceed?  If the plaintiff withdraws their action, the divorce will not go forward.  However, the divorce lawyer for the defendant can actually turn around and refile the case.  They then become the plaintiff.  They must pay a filing fee and have a summons and complaint served upon the other party.

Another form of withdrawal of action I see as a Boise Divorce attorney, is reconciliation.  If it appears that the parties to a divorce may be able to work things out and make the marriage work, the judge can place a stay of 90 days on the proceedings to give the parties a chance at reconciliation. 

If you would like to speak to one of our Boise Divorce Lawyers, please give us a call, (208) 472-2383 and see what we can do for you.

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