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State of Idaho Divorce Law Summary

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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:

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

Don’t Speak Badly About The Other Parent To The Kids: Courts strongly disfavor one spouse speaking badly about the other spouse to garner favor from the children. This is called parent alienation, and courts will factor this behavior in when determining custody of the child.

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

The Emotional Impact of Divorce. The experience of going through a divorce can be confusing and extremely stressful. Wellness practices such as meditation and yoga can reduce your stress and help you relax. Also, by educating yourself on the divorce process, you will know what to expect and reduce the chance of being caught off-guard. You will also need to prepare yourself emotionally, which can be much more challenging.
Emotionally Preparing For Divorce. Divorce will include being prepared to make important decisions, such as how to protect your children from the emotional impact of parental separation and the need to work with your former spouse to put together a balanced and compassionate co-parenting plan. Make sure to seek support from friends, family, or a therapist to help you cope with the emotional aspects of divorce. Finally, you will need to be emotionally prepared to make important decisions about the division of custody, assets, debts, and marital property

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

US Census Bureau

Cornell Law Information Institute – Divorce

Idaho Divorce Statutes

Idaho Legal Aid

Johnson May Law

Idaho Court Self-Help Center

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