Understanding Idaho Divorce Laws
Divorce Requirements for Idaho Residents
The petitioner filing a divorce complaint in Idaho must have been a resident of the State for at least six weeks.
Idaho Grounds For Divorce
Both fault and no-fault grounds for divorce or dissolution of marriage are recognized in Idaho.
What are the no-fault grounds for divorce in Idaho?
Irreconcilable differences leading to the breakdown of the marriage, as determined by the court based on sufficient evidence.
What are the fault grounds for divorce in Idaho?
- Adultery – extra-marital affair committed by either or both spouses at the time of the marriage;
- Extreme cruelty – infliction of physical or mental suffering by one spouse to the other within the duration of the marriage;
- Willful desertion – voluntary separation of one spouse from the other, with the intention to abandon partner, for a continued period of no less than one year;
- Willful neglect – Husband’s refusal to provide for the necessities of his wife while he has the capacity to do so, for a continued period of no less than 12 months;
- Habitual intemperance – alcohol addiction for a continued period of no less than one year;
- Conviction of felony
- Permanent and incurable insanity of either party, with confinement to a mental facility for at least three years immediately prior to the filing of the divorce papers;
- Separation without cohabitation for at least five years
Child Custody Law in Idaho
As in other States, the child’s best interests are paramount in deciding for child custody in Idaho. Idaho Divorce Courts prefer to award joint physical and legal custody if and when circumstances merit it to protect the welfare of the child. Generally, child custody is decided upon by the court based on the following:
- Wishes of the child’s parents to his/her custody;
- Desires of the child if within age of maturity and with capacity to make sound decisions, as determined by the court;
- Character and integrity of the parents, including mental and physical health;
- Emotional bond between the child and each parent, including siblings if any;
- Child’s environment at home, school, and community, and other factors that could affect the child’s general well-being;
- Allegations of abuse perpetrated by either parent.
Guidelines for Idaho Child Support
There are many factors to consider in calculating Idaho Child Support, including the reasonable needs of the child (physical, emotional, educational, medical, among others), the standard of living the child enjoyed before the divorce, the financial resources of the child, and the financial obligation and resources of the parents.
The child support ruling will be in effect until the child reaches 18 years of age.
Where to file for a divorce?
Idaho Divorce Forms may be filed in the county of residence of either the respondent or the petitioner.
For a fast and inexpensive divorce process, you can file Idaho online divorce forms.
Refer to the “Divorce Requirements for Idaho Residents” above and also review the best online divorce sites.
Either party may file for a mediation settlement in the Idaho Divorce Courts to resolve domestic disputes. Mediation is private and impartial and it allows the parties to decide on their divorce issues by themselves, with the help of a professional mediator. Submitting disputed issues to a mediator will allow for an uncontested divorce proceeding in court.
Need information for a different state?
You may also visit the Idaho Courts for more information