State Laws

Idaho Divorce


Idaho Divorce
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 Chapter 404.

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.

Child Custody
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.

See also:
Idaho Felony
Idaho Gun Laws
Idaho Bankruptcy Laws
Idaho Misdemeanor External link (opens in new window)
Idaho Expungement External link (opens in new window)
Idaho Lemon Law External link (opens in new window)