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Idaho Divorce Information

The following information is to provide a basic understanding of the various aspects of divorce in the State of Idaho.

You can get more specific information regarding Idaho divorce laws using the links provided to Idaho divorce laws or at your local library.

This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.

Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.

Idaho Divorce Resources

Residency Requirements 6 weeks
Where to File The county in which the defendant resides.
The county in which the plaintiff resides if the defendant is a non- resident of Idaho.
Grounds for Divorce The no fault ground for divorce irreconcilable difference. You can also divorce if living separately for at least five years.
The fault-based grounds for divorce included:
  • Adultery
  • Extreme cruelty
  • Willful desertion
  • Willful neglect
  • Habitual intemperance
  • Conviction of felony
  • When either the husband or wife has become permanently insane, as provided in sections 32-801 to 32-805, inclusive.
Voluntary or required mediation Yes
Voluntary or recommended CounselingNo
Property Distribution Idaho is a community property state.All property of either the husband or the wife owned by him or her before marriage, and that acquired afterward by either by gift, bequest, devise or descent, or that which either he or she shall acquire with the proceeds of his or her separate property, by way of moneys or other property, shall remain his or her sole and separate property. Separate property is retained by the owner, and all other community property in the marriage is distributed equitably.
Child Custody In an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The court shall consider all relevant factors which may include:
  • The wishes of the child's parent or parents as to his or her custody
  • The wishes of the child as to his or her custodian
  • The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings
  • The child's adjustment to his or her home, school, and community
  • The character and circumstances of all individuals involved
  • The need to promote continuity and stability in the life of the child
  • Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child
Child Support In a proceeding for divorce or child support, the court may order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for his or her support and education until the child is eighteen (18) years of age, without regard to marital misconduct, after considering all relevant factors which may include:
  • The financial resources of the child
  • The financial resources, needs, and obligations of both the custodial and noncustodial parents which ordinarily shall not include a parent's community property interest in the financial resources or obligations of a spouse who is not a parent of the child, unless compelling reasons exist
  • The standard of living the child enjoyed during the marriage
  • The physical and emotional condition and needs of the child and his or her educational needs
  • The availability of medical coverage for the child at reasonable cost
  • The actual tax benefit recognized by the party claiming the federal child dependency exemption
Spousal Support Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through employment.

The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors which may include:
  • The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse's ability to meet his or her needs independently
  • The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment
  • The duration of the marriage
  • The age and the physical and emotional condition of the spouse seeking maintenance
  • The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance
  • The tax consequences to each spouse
  • The fault of either party

Idaho Divorce Attorneys by County

Idaho Divorce Mediators by County

This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.

The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.

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Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.