If the parents begin to live under a legal separation agreement, a court must determine custody of all children born of the marriage. The court considers several factors called “Best Interests of the Child,” including the wishes of the parents, the child`s preference, each parent`s ability to care for the child, the child`s relationship with each parent, the need for stability for the child, and all incidents of domestic violence. The filing of a body breakdown is similar to the filing of a divorce. Idaho law allows divorce innocently in cases where the spouses have insurmountable differences or have been separated for at least five years. There are also divorces based on the fault of one of the spouses. It is adultery, extreme cruelty, deliberate desertion or negligence, of a spouse convicted of a crime or the insanity of one of the spouses. Although the spouses live separately and separately under a separation agreement, a court may award support or support to a spouse if the spouse cannot be supported. If the distribution of property and a spouse`s ability to obtain income do not allow him or her to meet his or her needs, a court considers several factors to determine the amount of support and the period during which it must be paid, including the age and health of the dependent spouse, the capacity of that spouse: to obtain an income. the financial means available to the seeking spouse, the ability of the other spouse to pay maintenance and any tax consequences that maintenance would entail for each spouse. Most of the issues raised in the event of divorce can be resolved in the context of a legal separation. Under Idaho 32-704, spouses divide and distribute property in the event of separation without dissolution of the body, set alimony, and accept custody and child support.
However, unlike a divorce, the spouses remain married at the end of the trial and neither spouse can remarry. When reviewing an asset settlement agreement, it is first necessary to ascerte whether the parties and the Tribunal intend to merge. If the agreement is expressly stipulated in the regulation and the Tribunal orders that it be respected, it is clear that a merger is envisaged. On the other hand, the parties may intend to determine only the validity of the agreement and not that it can, as such, be imposed by the order. Whether a merger is contemplated or not, the agreement may be included in the decree, either explicitly or by reference. Where a merger is not envisaged, the purpose of the creation is only to identify the agreement in order to render its validity definitive in a subsequent appeal based on it. If a merger is envisaged, the purpose of the creation is of course to make the agreement an operational element of the decree. “Kimball v. Kimball, 83 Idaho 12, 15, 356 p.2d 919, 921 (1960) In Idaho, there are no major procedures allowing simplified or special divorces. . .