Idaho Divorce Laws

In order to be able to apply for divorce in Idaho the spouse filing must have been a resident for at least 6 weeks prior to making the application. The divorce may be applied for in whatever county lived in by either of the spouses but it must be in the county of the plaintiff. Idaho Code – Title 5 – Chapters: 404.

Grounds for divorce in Idaho

When requesting a divorce in Idaho it is the complaint for divorce that has to be applied for and this is made through the courts. In Idaho, there are certain conditions, which have to be met, and these are split into no-fault based grounds and fault-based grounds.

Fault-based grounds

  1. Cruelty which is deemed extreme
  2. Adultery
  3. Wilful desertion of a spouse
  4. Wilful neglect of a spouse
  5. Intemperance which is considered to be habitual
  6. Any felony conviction
  7. Insanity Idaho Code – Title 32 – Chapters: 603, 610

No-fault based grounds

  1. Irreconcilable differences in the marriage
  2. Living apart for a period of 5 years with no cohabitation

Property division when divorcing in Idaho

Property settlement is generally left to the parties involved. However if this is not possible then the District Court will take over and divide the property. Any property that was acquired from the date of the marriage to the end of the marriage will be classed as community property and will be divided. They will consider the following:

  1. There will be a equal distribution of property between both spouses, however the below is taken into consideration to determine otherwise
  2. The duration of the marriage
  3. Any agreements by the spouses prior to marriage
  4. The age, health and occupation of each spouse
  5. The amount and source of income of each spouse
  6. The employability and skills of each spouse
  7. The needs of each of the spouses
  8. The present and the potential earnings of each spouse
  9. Retirement benefits of each spouse. Idaho Code – Title 32 – Chapters: 712, 903

Factors of child custody

The courts take into account all relevant issues in regards to child custody issues and these include the following:

  1. The wishes of the child’s parents as to custody
  2. The wishes of the child themselves
  3. The interaction between parents, child, siblings and any other person residing
  4. The adjustment of the child to the surroundings, school and community
  5. The circumstances of everyone involved
  6. The need to promote stability in the life of the child
  7. Whether there has been any history of violence in the family. Idaho Code – Title 32 – Chapters: 717

Child support factors in Idaho

One or both parents may have to pay child support until the child reaches the age of 18. Child support will be based on the following:

  • Any financial resources of the child
  • The standard of living the child might have had if the divorce has not occurred
  • The physical and emotional needs of the child
  • The educational needs of the child
  • Medical insurance cover for the child
  • The tax benefits gained by parents from claiming federal dependency exemption for tax purposes

In Idaho there are specific guidelines adopted by the Idaho Supreme Court. These guidelines are presumed correct unless there is evidence to support otherwise and in which case it would be unjust or inappropriate to follow them. Idaho Code; Title 32, Chapters 706, 706A, and 1201

Child support is generally worked out in Idaho using a child support worksheet. This will generate a report taking all the above factors into account.