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Divorce Laws in Idaho

In Idaho, if a divorcing couple has minor children and the court believes that it is in the best interest of the family to try and save the marriage, the court can order a 90-day waiting period before granting the divorce.

Residency and jurisdiction
The filing spouse must live in Idaho for at least six weeks prior to filing. If both spouses live in Idaho, the divorce may be filed in the county in which either spouse lives. If one spouse does not live in Idaho, the divorce must be filed in the county where the filing spouse lives.

Fault or no fault and grounds for divorce
Idaho grants fault and no fault divorces. Grounds for no fault divorce include:

  • Irreconcilable differences
  • Living apart for five years or more

Fault divorce may be granted on the following grounds:

  • Adultery
  • Extreme cruelty
  • Desertion
  • Neglect
  • Habitual alcohol or drug abuse
  • Felony conviction
  • Permanent insanity

Division of property
Idaho is a community property State. Property is divided in half between spouses. There are several factors which the court must consider when making this division including:

  • Length of marriage
  • Prenuptial agreements
  • Needs of each spouse
  • Spousal support
  • Earning capacity of each spouse
  • Retirement benefits
  • Age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse

Spousal support
Spousal support is only granted if the spouse seeking support is unable to be self-supporting through employment or property.

Many factors are considered when determining support including:

  • Length of marriage
  • Property division
  • Ability of spouse seeking support to meet his or her needs independently
  • Ability of spouse from whom support is sought to pay support while still meeting his or her needs independently
  • Amount of time needed for spouse seeking support to become employable
  • Physical and emotional health and age of spouse seeking support
  • Tax consequences

Child custody and support
In determining child custody the State of Idaho requires the court to consider the following:

  • Wishes of the parents
  • Wishes of the child
  • Relationship of the child with parents and siblings
  • Child’s adjustment to home, school, and community
  • Stability in the life of the child
  • Domestic violence

Idaho uses the Income Shares Model to calculate child support.

If you are considering or facing divorce in Idaho, contact an experienced Idaho divorce attorney today.

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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Idaho and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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