Idaho Divorce & Family Law Summary
According to the American Community Survey (ACS) conducted by the US Census Bureau in 2019, Idaho’s divorce rate is approximately 3.4 per 1,000 people, slightly higher than the national average. The median age of divorce in Idaho is 35-44 years old for both men and women.
TITLE-32 of the Idaho Legal Code governs Idaho’s divorce process.
This article will focus on the following divorce topics:
- Residency Requirements
- Grounds for Divorce
- Legal Separation
- Property Division
- Alimony & Maintenance
- Child Custody
- Child Support
- Mediation
- Divorce Wellness Tips
Residency Requirements
To file for a divorce in Idaho, at least one spouse must be a state resident for at least six weeks before filing. The divorce may be filed with the district court in the county where either spouse resides. (Idaho Code § 32-701).
The spouse filing for divorce must also intend to remain a resident of Idaho and not have filed the petition simply to obtain a divorce in the state (Idaho Code § 32-701).
Grounds for Divorce
A divorce may be granted on the following grounds:
- Irreconcilable differences (No Fault)
- Adultery
- Extreme cruelty
- Willful desertion or neglect
- Addiction to alcohol
- Permanent insanity
- Conviction of a felony
Legal Separation
In actions for a legal separation, the court may determine the custody of the children, the amount of child support and alimony, the division of property, and the responsibility for paying debts.
Property Division
Property division is one of the most contested issues in a divorce. Idaho is a community property state, meaning the marital estate is usually divided equally.
The following factors may be taken into consideration when determining the property division:
- The duration of the marriage
- Any prenuptial agreements
- The age, health, occupation, earning capacity, and liabilities of each spouse
- The financial needs of each spouse
- Whether alimony has been awarded
- The retirement benefits of each spouse
Watch Family Law Attorney Sheli Fulcher Koontz Discuss Mandatory Disclosure Requirements In Idaho Divorce Cases:
Alimony & Maintenance
The court may order one spouse to pay spousal maintenance if it is determined that the spouse seeking support cannot be self-supporting and lacks sufficient property to provide for their reasonable needs.
The period and amount of maintenance specified are based on the following factors:
- The duration of the marriage
- The fault of either party
- The financial resources of the spouse seeking maintenance
- The time required to acquire sufficient education or find employment
- The age, physical and emotional condition, and earning ability of the spouse seeking maintenance
- The spouse’s ability to pay maintenance to meet their own needs
- The tax consequences to each spouse
Child Custody
Child custody may be awarded to either parent based on the “Best Interests of the Child.”
The court shall consider the following factors when determining custody:
- The wishes of the child
- The wishes of each parent regarding custody
- The relationship of the child with each parent and their siblings
- The child’s adjustment to home, school, and community
- The need to promote continuity in the child’s life
- The relative parental fitness of each parent
- The evidence of domestic violence
Legal Tip
The court may award joint physical, joint legal, or shared custody based on determining the child’s best interests.
Child Support
Either parent may be ordered to pay child support, assuming both parents share legal responsibility for supporting their child. That legal responsibility should be divided proportionately to their Guidelines Income, whether separated, divorced, remarried, or never married.
Mediation
In Idaho, mediation is not always mandatory in divorce cases, but it is often strongly encouraged or required in certain situations.
Mandatory Mediation in Idaho Divorce Cases:
- Parenting disputes: Idaho courts require mediation to resolve parenting disputes, including custody and visitation issues, in cases involving minor children. (Idaho Code § 32-717.)
- Property disputes: If the parties cannot agree on the property division, the court may order mediation to resolve these issues (Idaho Code § 32-713).
Divorce Wellness Tips
While this divorce summary is a good starting point for divorce information in your state, it should not be considered a substitute for seeking the advice of an experienced divorce lawyer near you.
Idaho Family Law Courts
Idaho district courts can hear domestic relations cases, but in most counties, they are heard in Magistrate Courts.
Idaho Child Enforcement Services
PO Box 83720
Boise, Idaho 83720-0036
Office: (800) 356-9868
Fax: (208) 334-5571
Sources and References
Cornell Law Information Institute – Divorce
Idaho Court Self-Help Center