Friday, September 6, 2013

Boise Family Law and Divorce Attorneys - 208-472-2383 - Irreconcilable Differences

Divorce in Idaho
As a Boise Divorce Attorney I often have clients who are very upset concerning a marital situation.  So upset, in fact, that they are seeking divorce.  They often want to file for divorce on certain grounds such as adultery.  But what if you don't have any such grounds?  Idaho is an "irreconcilable differences" state.  But what exactly does that mean?

Irreconcilable Differences
Many many years ago, most states were "for cause" divorce states.  What this meant was you had to prove the grounds for your divorce.  For example, if you claimed you were seeking divorce on the grounds of adultery, you would have to prove that your spouse, in fact, committed adultery.

As time went on the legislatures of the various states, including Idaho, decided that sometimes there wasn't just one identifiable reason why you would want to get a divorce.  They realized that there wasn't a big issue like adultery or habitual intemperance or the like.  Irreconcilable difference takes just that into account.  You don't have to give a reason why you want to get a divorce.

Irreconcilable differences allows you to get divorced without proving a case.  You simply tell the court that basically you no longer get along or you no longer want to be married to the other person.

Other Grounds for Divorce
Does that mean that you can't file for divorce on the grounds of adultery in Idaho?  Absolutely not.  Idaho still has grounds for cause laws articulated by statute.  Adultery, extreme cruelty, willful desertion, willful neglect and habitual intemperance are all for cause grounds for divorce.

If you have found yourself in one of these situations you can file for divorce on those grounds.  You will, however, have to be prepared to prove the proper elements of each case.  However, if you go this route you will want to also plead irreconcilable differences in the alternative just in case you are not able to prove the grounds you have plead.

If you are seeking a divorce and need to speak to a Boise Divorce Attorney, please call our office at 208-472-2383 and see what we can do for you.  You will be glad you did.

1 comment:

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