By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 09, 2023
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Just as states have regulations on the marriage process, so too do they for divorce. The legal requirements for divorce define the procedures a person must go through in order to get divorced. This article provides a brief overview of divorce laws in the state of Idaho.
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:
|
|---|---|
Residency Requirements |
To file for divorce in Idaho, the plaintiff must be a resident for at least six (6) 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 a hold for 90 days. |
'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:
|
Defenses to a Divorce Filing |
Fault-based divorces can be denied for four reasons:
|
Filing Fees |
Divorce petitions cost over $200 to file. However, if you have a low income, you may be eligible for a fee waiver. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law (s) you are researching.
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.
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.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.