Sometimes divorce is not a mutual decision.
Scenario 1: You and your spouse have problems, and while you have discussed the possibility of divorce you are nowhere near the point of wanting to move forward with a divorce. Then, boom, your spouse serves you with a petition for divorce.
Scenario 2: You (believe) you are happily married and will stay that was for the rest of your life. Then, boom, out of nowhere, your spouse serves you with a petition for divorce.
Scenario 3: You are miserable in your marriage, but you believe divorcing will only cause more problems for you financially and by splitting up your family, so you resolve to stick with the marriage. Then, boom, out of nowhere, your spouse serves you with a petition for divorce.
The thing that all three of these scenarios have in common is that the spouse served with the petition for divorce cannot ultimately stop the divorce from proceeding even if that is not what he/she wants. While there are things a spouse may do to delay the inevitable, in Idaho, a divorce does not require the consent of both parties. Moreover, if you fail to respond to the petition, your spouse can obtain a divorce by taking a default against you. This could result in your spouse getting everything he/she asks the court for in the petition, and you having no say whatsoever in child custody and property/debt division. Therefore, it is imperative that you contact an attorney if you have been served with a petition for divorce.
If you have been served with a petition for divorce or want to speak to an attorney about divorce, contact Heidi Buck Morrison today for a consultation. Toll free at 877-232-6101 or 208-232-6101. You can also email Heidi Buck Morrison directly at hbm@racinelaw.net. Our attorneys serve all of Idaho, including Firth, Malad, Montpelier, Preston, Soda Springs, American Falls, Blackfoot, Pocatello, Idaho Falls, Rigby, Twin Falls, Rupert, Burley and Boise.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.