After I decided that divorce was the best solution, I studied Idaho divorce laws. I assumed that the courts would uphold the laws. Idaho has “no-fault” and community property state laws. This means that it is not necessary to prove a spouse committed fault, to obtain a divorce. The state laws also state that fault is only considered if one spouse does not have the financial means for self support. With the knowledge of these laws and a desire to not hurt my wife, I chose an attorney who was kind, yet inexperienced. This attorney encouraged me to give up the majority of my possessions, limit my testimony, and not challenge the opposition’s assertions. At the time of trial, my attorney agreed to all of the opposing attorney’s requests, which lessened my case. The opposing attorney presented information obtained by pretexting (phone records obtained illegally). He alleged fault.

Before the trial, my attorney said that the judge would be fair and uphold state laws. After the trial, Judge Russell Comstock ruled in a manner inconsistent with state law and inconsistent with the majority of prior divorce rulings. My attorney said the ruling was unfair.

I conclude that if one decides to have a contested divorce, that one should allege fault and use every method available to seek advantage. Pick the most aggressive attorney to represent you. Do not assume that a divorce ruling will follow or be consistent with state law.

Fault of one spouse leading to divorce, should not be considered in the decision of divorce awards. Idaho is a "no fault" divorce state. However, according to state statute, fault may be considered when one spouse does not have enough income to meet "reasonable needs". Since the courts have changed their awards from a "reasonable needs" standard to a maintenance of standard of living, then the courts may consider fault in most divorce cases. Therefore, divorcing spouses should try to prove that their spouse is at fault in the marriage. And spouses should do everything to maintain the appearace of being a good spouse.