Understand differences between legal separation, annulment and divorce in Idaho
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When a marriage is falling apart and couples are considering separation, there are several legal options to consider: legal separation, annulment or divorce.
Deciding which route to go with the court can be complicated and depends on everyone’s circumstances and personal and financial goals.
Because each individual situation is unique, it is highly recommended that you consult with a family law attorney to determine the best course of action for your specific needs.
Legal Separation
Legal separation provides that spouses can remain legally married but reside separately.
This may be an option if there are reasons for the marriage to remain intact, such as religious, financial or other personal reasons.
A legal separation allows a judge the ability to order child custody and visitation schedules, child and spousal support, and divide property and debts between the spouses.
Since the spouses remain married, neither party can remarry, unless the legal separation is later turned into a final divorce to permanently end the marriage.
Divorce
Divorce legally and permanently ends a marriage and is the most common method of terminating a marital relationship.
The most common ground for divorce is irreconcilable differences, a no-fault ground for divorce, meaning neither spouse must prove any wrongdoing during the marriage to request the marriage be dissolved.
In a divorce case, the judge can order a child custody and visitation schedule, spousal and child support, and divide any assets and debts between the parties.
Idaho is a community property state, and typically any assets and debts acquired during the marriage are divided equally between the parties.
Annulment
An annulment differs from a legal separation and a divorce by declaring a marriage null and void from the start, as though it legally never happened.
There are six specific grounds which limit the availability to seek an annulment, and which are set out in Idaho Code Section 32-501.
The implications of an annulment on dividing assets and debts can be complicated since the marriage is voided, so it is best to consult with an attorney if you are considering an annulment.
Final Thoughts
Choosing the right path for your specific needs and situation depends on a number of circumstances.
Consulting a family law attorney can help provide you with clarity to better understand your options and a course of action tailored to your needs.
Each of these options may have financial and tax implications, so it’s always best to consult with a professional.
Anja Rodriguez is an attorney at Migliuri & Rodriguez PLLC, based in Twin Falls, Idaho, with over eight years of experience in matters of divorce, custody, child support, guardianship, and other family law matters.
This column provides general information and is not to be considered legal advice. Readers with specific legal questions should consult an attorney. The Idaho State Bar Association provides a lawyer referral service, through their website at https://isb.idaho.gov/.