Idaho Divorce Information
and FAQ
A divorce may be granted in Idaho based upon the following
grounds:
1. Adultery 2. Extreme cruelty 3. Willful desertion 4. Willful
neglect 5. Habitual intemperance 6. Conviction of a felony 7.
Permanent insanity 8. Living separate and apart without cohabitation
for 5 years. 9. Irreconcilable differences 32-6.3
Residency requirements/where to file The plaintiff in an action
for divorce in the State of Idaho must have been a resident of the
state for at least six (6) full weeks immediately prior to the
filing of the action for divorce. The action should be filed in the
county where the defendant resides, or the county where the
plaintiff resides if the defendant is not a resident of the State of
Idaho. 31-701
Name of court and title of action/parties An action for divorce
in the State of Idaho is filed in the District Court. The title of
the action initiating the proceeding is referred to as the Complaint
for Divorce, while the title of the action granting the divorce is
called the Decree of Divorce. The party filing the action is the
Plaintiff, while the other spouse is the Defendant. Legal separation
Idaho has no legal provisions for court-ordered legal separation.
Waiting period There is a mandatory waiting period of twenty (20)
days from the date of the date of commencement of the action and
service of process to the granting of the divorce. 32-716
Alimony When a divorce is granted, the court may award alimony to
a spouse if it finds that the spouse seeking alimony lacks
sufficient property to provide for his or her reasonable needs, and
is unable to support himself or herself through employment. The
order granting alimony shall be in an amount and for a time period
that the court deems just, after consideration of the following
factors: 1. The financial resources of the spouse seeking support 2.
The time necessary to acquire sufficient education and training to
enable the spouse to find employment 3. The duration of the marriage
4. The age and physical and emotional condition of the spouse
seeking support 5. The ability of the spouse from whom support is
sought to meet his or her needs while meeting the needs of the
spouse seeking support 6. The tax consequences to each spouse 7. The
fault of either party 32-705
Distribution of property In Idaho, the court will divide the all
of the community property equally after setting aside to each spouse
that spouse’s separate property, unless there exists compelling
reasons to divide the property otherwise. Some of the factors the
court will examine in making a determination as to whether to divide
the community property equally include: 1. The duration of the
marriage 2. Any antenuptial agreement 3. The age, health,
occupation, amount and sources of income, vocational skills,
employability and liabilities of each spouse 4. The needs of each
spouse 5. The present and future earning capacity of each spouse 6.
Retirement benefits of each spouse 7. Any other relevant factor
32-712
Child custody The court shall determine the issue of child
custody based upon the best interests of the child. There is a
presumption that joint custody is in the child’s best interests.
Among the factors the court will consider in determining the best
interests of the child are: 1. The wishes of the child’s parents
2. The wishes of the child 3. The interaction and interrelationship
of the child with the parents and siblings 4. The child’s
adjustment to his/her home,school and community 5. The mental and
physical health and integrity of all individuals concerned 6. The
need to promote continuity and stability in the life of the child 7.
Any instances of domestic violence
Each parent, unless otherwise stated by the court, shall have
equal access to information pertaining to the child, such as
medical, dental, health and school records. 32-717, 32-717A
Child support The court may order either or both parents to pay
an amount reasonable and necessary for the support of a minor child
until that child’s eighteenth birthday after considering the
following factors: 1. The financial resources of the child 2. The
financial resources of the parent 3. The physical and emotional
condition and needs of the child and his or her educational needs 4.
The availability of medical coverage for the child
The State of Idaho has established child support guidelines which
set the presumptive correct amount of child support to be awarded.
Deviation from the guidelines requires a specific written finding on
the record of the proceeding that the application of the guidelines
would be unjust or inappropriate in the particular case. 32-706
Mediation During the mandatory waiting period of twenty days
before granting a divorce, the court may, upon request of either
party, require a conference of the parties to make a determination
as to whether a reconciliation of the parties is practicable. 32-716
Grandparents’ visitation In any case where the child is actually
residing with a grandparent in a stable relationship, that
grandparent shall have standing for evaluating the custody
arrangements of the child. 717A
|
(Customer Pays Shipping &
Handling)
