If you and your spouse have not lived with each other for 6 years and they have been incarcerated for 5 years, will the divorce be granted?

Can they contest the divorce? Custody and child support already in place, no property.

Asked on May 28, 2012 under Family Law, Idaho


Michael Gainer / Michael J. Gainer, Attorney At Law

Answered 8 years ago | Contributor

Anyone can "contest" any legal action.  This does not mean they will be successful. 

In Washingont State, we have "no-fault" divorce, which means the court does not care why one of the parties wants a divroce, just that they do.  Even in other states, I cannot imagine them not granting a divorce under the facts you presented. 

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