Created by FindLaw's team of legal writers and editors | Last updated December 11, 2018
While divorce may not have been the dream of most married couples facing the prospect of a separation, it’s still fairly common. Often, if spouses are regularly arguing, the best option for everyone involved may be divorce, especially when domestic violence is occurring.
If a couple has minor children, then child custody and support will keep the case connected with the family court until all children of the marriage are adults and no longer able to receive child support. For more information, see the Idaho Child Custody article.
No matter what caused you and your spouse to decide to divorce, there are some legal requirements in each state 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:
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| Residency Requirements | To file for divorce in Idaho, you must be resident for at least six weeks before starting the action. |
| Waiting Period | The earliest you can get your divorce decree is 20 days after you file. If you have children, it may be put on a hold for 90 days. For willful desertion, willful neglect, or habitual alcoholism, the case must be held for one year before any can be a ground for divorce. Using irreconcilable differences could be faster. |
| ‘No Fault’ Grounds for Divorce | The “no fault” ground for divorce in Idaho is called “irreconcilable difference.” You can also divorce if living separately for at least five years. |
| Other Grounds for Divorce | The fault-based grounds for divorce included:
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| Defenses to a Divorce Filing | Fault-based divorces can be denied for four reasons:
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| Filing Fees | Divorce petitions cost over $200 to file. However, if you have a low income, you may be eligible for a fee waiver. |
Sometimes filing for divorce on your own and entering into a separation agreement with your spouse can be a way to amicably end a divorce. Without knowing what you are giving up, you could be waiving your rights to shared property or assets. If you consult with a lawyer, at least you’ll know what you’re giving up to make the divorce happen.
Note: State laws are updated regularly. It’s a best to verify these divorce laws by contacting a knowledgeable family law attorney or conducting your own legal research.
Even the simplest divorce involves complex matters of property and can be quite emotional for the two parties involved, which is why having an attorney is key. A good divorce lawyer will tell you about your legal rights and the financial implications of getting divorced. If you're thinking of getting divorced in Idaho, it’s a good idea to consult with an experienced local divorce lawyer.
Contact a qualified attorney.
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