{"id":372985,"date":"2016-03-31T21:35:08","date_gmt":"2016-04-01T02:35:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/idaho-law\/idaho-legal-requirements-for-divorce.html"},"modified":"2024-12-20T16:31:10","modified_gmt":"2024-12-20T21:31:10","slug":"idaho-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/idaho-law\/idaho-legal-requirements-for-divorce.html","title":{"rendered":"Idaho Divorce Laws"},"content":{"rendered":"\n
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Idaho Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Every state has a unique divorce process<\/a>. They also have specific requirements you must meet before filing for divorce. Idaho is no different. Idaho divorce laws dictate how the courts handle such things as spousal support, child custody, and property division.<\/p>\r\n

Here, we’ll explain how these laws work. We’ll also discuss how the State of Idaho handles contested and uncontested divorce cases. If you still have questions, speak with an experienced Idaho family law attorney<\/a>.<\/p>\r\n

Idaho Divorce Laws: What You Need to Know<\/b><\/h2>\r\n

No matter what caused you and your spouse to divorce, each state has some legal requirements before a divorce can be started and finalized. The chart below outlines the highlights of Idaho’s divorce laws<\/a>.<\/p>\r\n\r\n
Code section<\/th>\r\n

Idaho Code Title 32:<\/p>\r\n

Residency requirements<\/th>\r\n

To file for divorce in Idaho, the plaintiff must be a resident for at least six weeks before starting the action.<\/p>\r\n<\/td>\r\n<\/tr>

Waiting period<\/th>\r\n

The earliest you can get your divorce decree is 21 days after you file. If you have children, it may be put on hold for 90 days.<\/p>\r\n<\/td>\r\n<\/tr>

No-fault grounds for divorce<\/th>\r\n

The no-fault ground for divorce in Idaho is called "irreconcilable differences." You can also divorce if living separately for at least five years.<\/p>\r\n<\/td>\r\n<\/tr>

Other grounds for divorce<\/th>\r\n

The fault-based grounds for divorce included:<\/p>\r\n

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  • Adultery<\/li>\r\n
  • Extreme cruelty<\/li>\r\n
  • Willful neglect<\/li>\r\n
  • Willful desertion<\/li>\r\n
  • Habitual intemperance or alcoholism that makes you unable to attend to business or inflicts mental anguish on the non-alcoholic spouse<\/li>\r\n
  • Permanent insanity demonstrated by regular confinement within a psychiatric facility in any state or country for at least three years before filing for divorce<\/li>\r\n
  • Conviction of felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Defenses to a divorce filing<\/th>\r\n

Fault-based divorces can be denied for four reasons:<\/p>\r\n

Filing fees<\/th>\r\n

Divorce petitions cost over $200<\/a> to file. But you may be eligible for a fee waiver<\/a>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an Idaho divorce attorney or conduct research to verify your state’s laws.<\/i><\/p>\r\n

Legal Requirements for an Idaho Divorce<\/h2>\r\n

To qualify for divorce in Idaho, you must meet specific legal requirements. First, you must meet the state’s residency requirements<\/a>. According to <\/b>Idaho Code \u00a7 32-701<\/a>, you must live in-state for at least six weeks before filing your petition for divorce.<\/p>\r\n

Idaho also has a mandatory waiting period<\/a>. According to Idaho Code \u00a7 32-716<\/a>, the judge may not issue your final divorce decree for at least 21 days after the initial filing. This cooling-off period allows the parties to reconcile or modify the terms of their final divorce.<\/p>\r\n

No-Fault Divorce Cases and Fault-Based Divorce<\/h2>\r\n

There are two main types of divorce<\/a> in Idaho: no-fault and fault-based. Most people today file a no-fault divorce case. In this type of divorce action, you don’t have to lay blame for the demise of your marriage. Instead, you must only certify that you and your spouse are experiencing irreconcilable differences. You must also confirm that the marriage is beyond repair.<\/p>\r\n

Idaho law does allow you to cite specific grounds for divorce. If you choose to do this, you’ll file a fault-based divorce.<\/p>\r\n

According to Idaho Code \u00a7 32-603<\/a>, the following are valid grounds for divorce:<\/p>\r\n