Idaho Divorce Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 20, 2024
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Every state has a unique divorce process. 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.
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.
Idaho Divorce Laws: What You Need to Know
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.
| Code section | Idaho Code Title 32:
|
|---|---|
| Residency requirements | To file for divorce in Idaho, the plaintiff must be a resident for at least six weeks before starting the action. |
| Waiting period | 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. |
| No-fault grounds for divorce | The no-fault ground for divorce in Idaho is called "irreconcilable differences." You can also divorce if living separately for at least five years. |
| Other grounds for divorce | The fault-based grounds for divorce included:
|
| Defenses to a divorce filing | Fault-based divorces can be denied for four reasons:
|
| Filing fees | Divorce petitions cost over $200 to file. But you may be eligible for a fee waiver. |
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.
Legal Requirements for an Idaho Divorce
To qualify for divorce in Idaho, you must meet specific legal requirements. First, you must meet the state's residency requirements. According to Idaho Code § 32-701, you must live in-state for at least six weeks before filing your petition for divorce.
Idaho also has a mandatory waiting period. According to Idaho Code § 32-716, 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.
No-Fault Divorce Cases and Fault-Based Divorce
There are two main types of divorce 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.
Idaho law does allow you to cite specific grounds for divorce. If you choose to do this, you'll file a fault-based divorce.
According to Idaho Code § 32-603, the following are valid grounds for divorce:
- Adultery
- Extreme cruelty
- Habitual intemperance
- Willful desertion
- Willful neglect
- Conviction of felony
- Permanent insanity
If you cite specific grounds for divorce, you must submit proof of such behavior at some point during the divorce proceedings.
Idaho Is a Community Property State
According to Section 32-903, Idaho is a community property state. The court will split all marital property 50/50. Of course, there are times when this isn't possible. For example, you and your spouse may want to keep the marital home in the family. You can agree that one spouse will buy the other out of the marital home. Or you can negotiate for one spouse to retain marital assets equal to half the home's value.
If the court decides how to divide your marital property, it will order you to sell the marital home and split the proceeds. This will be the case for all assets you cannot physically divide in half.
The statute also spells out what items are not part of community property.
According to the Idaho courts, the following are separate property and not subject to division during your divorce:
- Gifts
- Inheritance
- Personal injury settlements
It comes down to when you acquired the property. Any property you acquire during the marriage is community property.
Getting Divorced in Idaho? An Attorney Can Help
Even simple divorce cases involve complex matters like child custody, alimony, and property division. These cases tend to be very emotional for both parties. This is why having an experienced Idaho divorce lawyer is key.
Your Idaho divorce attorney knows the laws in your state. They also know how to navigate the family law courts. They'll work hard to negotiate a fair marital settlement agreement that protects your rights.
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Idaho Divorce Laws: Related Resources
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