Idaho Divorce Laws

Divorce in Idaho

Idaho has one of the highest divorce rates in the country, with 3.4 people out of every 1,000 filing for dissolution of their marriage. Divorce can be a difficult and emotional process, and it’s important to know your rights. This guide will explain the basics of Idaho divorce laws so you can make informed decisions about the end of your union.

In order to file for divorce in Idaho, you must meet certain residency requirements. Luckily, these are fairly easy to satisfy – you must simply have resided in the state for at least six weeks prior to filing.

It’s also important to know that Idaho is a no-fault state, which means you don’t need to prove that your partner did something wrong in order to get divorced. As long as you meet the required residency requirements, you may move forward with dissolving your marriage.

Understanding the complexities of Idaho divorce laws can help ease your worries during this trying time. With the right information and guidance, you can attain closure and create a brighter future.

Idaho Divorce

Divorce in Idaho begins by fulfilling the required residency terms. The courts of Idaho will not accept a case if the residency requirements have not been met. Each state has slightly different requirements for this jurisdiction with different time designations.

Idaho requires that those who file for divorce must be residents of the state for a minimum of six weeks. Divorce proceedings may be filed in either individual’s county court. In order for the divorce to be handled by Idaho courts, non-resident filers are required to file in the Idaho county of his or her spouse, according to Idaho Code Title 5 Chapter 404.

Filing with the Court in Idaho

You must file your Idaho divorce papers in the court located in the County where you presently reside. We will provide the court information in the documents that we send to you, but some of the courts in Idaho are listed below:

• Ada County Magistrate Court:
  200 W. Front Street Boise, ID 83702 Phone: 208-287-6900
• Bannock County Magistrate Court:
  624 East Center, Room 211, Pocatello, ID 83201 Phone: (208)236-7351
• Bonneville County Magistrate Court:
  605 North Capital Avenue, Idaho Falls, ID 83402 Phone: (208) 529-1350
• Canyon County Magistrate Court:
  1115 Albany Street, Caldwell, ID 83605 Phone: (208) 454-7376
• Kootenai County Magistrate Court:
  324 West Garden Avenue, Coeur d’Alene, ID 83816 Phone: (208)769-4441
• Elmore County Magistrate Court:
  150 South 4th East, Mountain Home, ID 83647 Phone: (208)587-2133 Fax: (208) 587-2134

If your County court is not listed, the information for your court will be included in the divorce papers we send you.

Grounds for Divorce

As with every divorce case, the individuals involved are required to cite why the marriage should be terminated. This is the reason for wanting a divorce. However, not all reasons for divorce are accepted by the state of Idaho.

All grounds for divorce must be in accordance with Idaho Statutes. A couple may decide together what the grounds for divorce should be or the petitioner will need to site the divorcing grounds while filing and preparing to prove them in court.

No-Fault Divorce

In Idaho, no-fault divorce can be obtained if either one of two conditions is met. The first is if there are irreconcilable differences that have caused a breakdown of the marriage to the point where it cannot be repaired. The second is if the spouses have lived separately and apart for 5 continuous years.

• Irreconcilable differences in the marriage
• Living apart for a period of 5 years with no cohabitation

Fault Divorce

Alternatively, fault divorce can be sought on the basis of adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction, or insanity.

• Adultery requires proving that your spouse had sexual intercourse with someone else.
• Extreme cruelty means causing grievous bodily injury or mental suffering to each other.
• Willful desertion is when one spouse leaves the other with no intention of returning.
• Willful neglect is when one of the spouses refuses to provide the other with necessities despite having the ability to do so.
• Habitual intemperance is when one of the spouses has an alcohol addiction that causes the other great mental suffering.
• Felony conviction refers to a spouse being convicted of a felony during the marriage.
• Lastly, insanity refers to one of the spouses becoming permanently insane. Insanity Idaho Code – Title 32 – Chapters: 603, 610

It is important for those filing for divorce in Idaho to be aware of all their options before proceeding with a case. By understanding and taking advantage of what may be available to them, individuals stand to benefit more positively from the process. In any case, consulting a professional attorney who is well-versed in Idaho’s divorce laws is recommended as they can provide legal advice on the best course of action to take.

Required Couples Counseling

When the divorce has reached the assigned hearing, the court has the option of requiring the couple to attend counseling sessions. This is only an option if the court believes that the marriage may be reconciled because of misunderstandings and other discrepancies.

Counseling through the court may also be required because it is seen as of interest to the family involved. Counseling may be required for no more than ninety days.

Property division when divorcing in Idaho

Property settlement is generally left to the parties involved. However, if this is not possible then the District Court will take over and divide the property. Any property that was acquired from the date of the marriage to the end of the marriage will be classed as community property and will be divided. They will consider the following:

1. There will be an equal distribution of property between both spouses, however, the below is taken into consideration to determine otherwise
2. The duration of the marriage
3. Any agreements by the spouses prior to marriage
4. The age, health, and occupation of each spouse
5. The amount and source of income of each spouse
6. The employability and skills of each spouse
7. The needs of each of the spouses
8. The present and potential earnings of each spouse
9. Retirement benefits of each spouse. Idaho Code – Title 32 – Chapters: 712, 903

Child Custody

If children under the age of eighteen are involved in divorce proceedings, the court will ask the parents to come to a custody agreement. In the circumstances that no compromise can be reached, the court will have the power to reward custody to one parent or joint custody to both parents.

During these agreements, the court will also consider the child’s wishes, child interaction with the parents, the wishes of the parents, the ability of the child to adjust to a change in home, siblings involved, stability options, and in some cases whether or not there has been domestic violence involved that would otherwise affect the child.

Factors of child custody

The courts take into account all relevant issues in regard to child custody issues and these include the following:

1. The wishes of the child’s parents as to custody
2. The wishes of the children themselves
3. The interaction between parents, child, siblings, and any other person residing
4. The adjustment of the child to the surroundings, school, and community
5. The circumstances of everyone involved
6. The need to promote stability in the life of the child
7. Whether there has been any history of violence in the family. Idaho Code – Title 32 – Chapters: 717

Child support factors in Idaho

One or both parents may have to pay child support until the child reaches the age of 18. Child support will be based on the following:

• Any financial resources of the child
• The standard of living the child might have had if the divorce had not occurred
• The physical and emotional needs of the child
• The educational needs of the child
• Medical insurance covers the child
• The tax benefits gained by parents from claiming a federal dependency exemption for tax purposes

In Idaho, there are specific guidelines adopted by the Idaho Supreme Court. These guidelines are presumed correct unless there is evidence to support otherwise in which case it would be unjust or inappropriate to follow them. Idaho Code; Title 32, Chapters 706, 706A, and 1201

Child support is generally worked out in Idaho using a child support worksheet. This will generate a report taking all the above factors into account.

FAQs on Divorce in Idaho

How long does it take to get a divorce in Idaho?

The process for obtaining a divorce in Idaho can typically take anywhere from several weeks to several months, depending on individual circumstances. Generally, the court will require that both parties have lived separately for six weeks before they can submit an application for a divorce decree.

What are the rules for divorce in Idaho?

In Idaho, either spouse must have been a resident of the state for six weeks before being able to file for divorce. Grounds for filing include irreconcilable differences or adultery. Depending upon the case and whether children are involved, additional proceedings may be necessary.

Is Idaho a 50 50 state in divorce?

Yes, in Idaho marital property is divided equitably during the divorce proceedings. Factors such as duration of the marriage, contributions made by each party, and fault are taken into consideration when dividing up assets and debts.

Who gets the house in Idaho divorce?

A judge will consider multiple factors when making a ruling about who will receive the home in an Idaho Divorce, including the length of the marriage, the relative finances of each party, and any available housing options.

What does a wife get in a divorce in Idaho?

In Idaho, a wife may be entitled to alimony payments, division of property, and other economic relief depending upon the circumstances of her divorce. It is important to consult with a qualified attorney to help ensure that all entitlements are appropriately addressed.

How much does it cost to get divorced in Idaho?

The cost of a divorce in Idaho can vary widely depending on the complexity of the case and whether additional proceedings are necessary. Fees such as court costs and attorney fees should also be taken into consideration when budgeting for your divorce.

How are assets split in divorce in Idaho?

Marital property is typically divided equitably between divorcing parties in Idaho. This means that the court will consider factors such as each party’s financial contribution, duration of the marriage, and fault when determining who receives which assets or debts.

Does it matter who files for divorce first in Idaho?

Generally, it does not matter who files first for divorce in Idaho. However, if significantly more time has passed since one spouse has filed for divorce than the other, this could raise issues about whether or not the courts have jurisdiction to hear the case.

Am I entitled to alimony in Idaho?

Alimony is determined on a case-by-case basis in Idaho. The court will consider various factors including the length of the marriage, current financial situation of the parties, and fault when determining whether alimony will be awarded. Speak with an experienced family law attorney if you believe you are entitled to alimony.

Do both parties have to agree to a divorce in Idaho?

In some cases, yes. If both parties agree on issues such as division of assets and debts, child custody arrangements, alimony payments, etc., then the court may grant an uncontested divorce. If one party does not agree to certain aspects of the proceedings, then contested proceedings may be necessary.

Do you have to go to court for a divorce in Idaho?

Going to court is often required if there is an unresolved dispute regarding any aspect of the divorce proceedings. If, however, both parties agree on all matters, then the divorce may be finalized without having to appear before a judge in person.

What is the fastest way to get a divorce in Idaho?

When possible, an uncontested divorce is typically the fastest method for obtaining a divorce in Idaho. If both parties are able to come to an agreement over all issues related to their divorce and no further court proceedings are needed, then the process tends to move along more quickly than if each issue had to be decided upon by a judge independently.