Divorce in Idaho begins by fulfilling the required residency terms. The
courts of Idaho will not accept a case if the residency requirements
have not been met. Each state has slightly different requirements for
this jurisdiction with different time designations.
Idaho requires that those who file for divorce must be residents of the
state for a minimum of six weeks. Divorce proceedings may be filed in
either individuals' county courts. In order for the divorce to be
handled by Idaho courts, non-resident filers are required to file in
the Idaho county of his or her spouse, according to Idaho Code Title 5
Grounds for Divorce
As with every divorce case, the individuals involved are required to
site why the marriage should be terminated. This is the reason for
wanting the divorce. However not all reasons for divorce are accepted
by the state of Idaho.
All grounds for divorce must be in accordance with Idaho Statutes. A
couple may decide together what the grounds for divorce should be or
the petitioner will need to site the divorcing grounds while filing and
prepare to prove them in court.
Divorces are only granted when they fall under the two Idaho divorce
grounds categories. The first section is the No-fault section where
both individuals involved site that it was no sole person responsible
for the disintegration of the marriage.
This category includes irreconcilable differences and the living in
separate homes for five years or more. Under these circumstances either
individual has the right to petition for divorce and be granted due to
no cohabitation for that five-year time period.
The other section for divorce grounds is the Fault section where one or
both of the individuals involved are to blame for the disintegration of
the marriage. This category includes intense cruelty, adultery, willful
negligence, willful deserting, the commitment to a mental institution
due to reasons for insanity, addiction to narcotics or alcohol, or the
conviction of a felony offense.
Required Couples Counseling
When the divorce has reached the assigned hearing, the court has the
option of requiring the couple to attend counseling sessions. This is
only an option if the court believes that the marriage may be
reconciled because of misunderstandings and other discrepancies.
Counseling through the court may also be required because it is seen as
of interest to the family involved. Counseling may be required for no
more than ninety days.
If children under the age of eighteen are involved in divorce
proceedings, the court will ask the parents to come to a custody
agreement. In the circumstances that not compromise can be reached, the
court will have the power to reward custody to one parent or joint
custody to both parents.
During these agreements the court will also consider the child's
wishes, child interaction with the parents, the wishes of the parents,
the ability for the child to adjust to a change in home, siblings
involved, stability options, and in some cases whether or not there has
been domestic violence involved that would otherwise affect the child.