Divorce
Getting Divorced?
Divorce is never easy, but it doesn't have to be a war. Matt helps you protect what matters while keeping conflict - and costs - under control.
How Idaho Divorce Works
Filing the Petition
One spouse files a petition for divorce and serves it on the other. Idaho requires at least one spouse to have lived in Idaho for 6 weeks before filing. No specific grounds are required - Idaho allows "irreconcilable differences" (no-fault divorce).
Waiting Period
Idaho has a mandatory 20-day waiting period after filing. This is meant to give people time to reconsider. During this time, both sides gather financial documents and prepare their positions.
Negotiation or Litigation
Most divorces settle through negotiation. Matt tries to reach fair agreements on property, custody, and support without going to court. If the other side won't be reasonable, he's prepared to litigate.
Final Decree
The divorce is final when the judge signs the decree. This document spells out the property division, custody arrangement, and support obligations. Getting it right matters - it's hard to change later.
What Gets Divided
Idaho community property law means most marital assets are split 50/50. But the details matter.
Community Property (Split)
- • Income earned during marriage
- • House purchased during marriage
- • Retirement contributions during marriage
- • Vehicles bought during marriage
- • Debts incurred during marriage
Separate Property (Yours)
- • What you owned before marriage
- • Inheritances (even during marriage)
- • Gifts to you specifically
- • Personal injury settlements (usually)
- • Property kept separate and not mixed
Watch Out: "Commingling"
If you mix separate property with community property, it can become community property. Example: You had $50,000 in savings before marriage, but deposited your paychecks into the same account for 10 years. Now it may all be community property. Matt knows how to trace funds and protect separate property.
Matt's Approach to Divorce
Settlement First
Litigation is expensive and stressful. Matt always tries to negotiate a fair settlement first. If you can resolve issues without a trial, you'll save money and emotional energy.
Ready to Fight
But some spouses won't be reasonable. When settlement isn't possible, Matt is prepared to go to court and fight for what you deserve. His trial experience matters when negotiation fails.
Protect the Kids
Children suffer most in contentious divorces. Matt keeps their interests central and encourages co-parenting solutions that minimize conflict. But he'll fight hard if the other parent is a danger.
Watch the Money
Some lawyers run up bills by fighting over everything. Matt focuses on what matters and doesn't waste your money on battles that don't make a difference. Efficient representation saves you money.
Divorce Questions Answered
An uncontested divorce is when you and your spouse agree on everything - property division, custody, support. It's faster, cheaper, and less stressful. A contested divorce is when you can't agree and need the court to decide. Matt can help with either, but always tries to reach agreement first when possible.
Idaho is a community property state. Assets acquired during marriage are generally split 50/50. But separate property (what you owned before marriage, inheritances, gifts) stays yours. The tricky part is figuring out what's community vs. separate, especially when accounts have been mixed. Matt knows how to trace and protect your property.
Maybe. The house is usually the biggest asset, and both spouses often want it. Options include: one person buys out the other's share, sell the house and split the proceeds, or continue co-owning temporarily (less common). Matt will help you figure out what's financially smart for your situation.
Retirement accounts earned during marriage are community property and can be divided. This requires a special court order called a QDRO (Qualified Domestic Relations Order). It's one of the most commonly mishandled parts of divorce. Matt makes sure these valuable assets are properly addressed.
First, gather documentation - bank statements, tax returns, retirement account statements, property records. Make copies before anything can "disappear." Don't hide assets (courts punish this). Don't make major financial changes. And get a lawyer early - the decisions made at the start of divorce often shape the outcome.
Considering Divorce?
Get honest advice about your situation. A free consultation helps you understand your options.