Divorce Laws in Idaho

Divorce Laws in Idaho

Idaho has one of the highest divorce rates in the nation at 5.6% per 1,000 of the population. The state follows conservative family court laws, and there are both no-fault and fault divorce grounds. Annulment is rare in Idaho and is usually only considered when specific conditions are met.

Residency Requirements

In order to file for divorce, one of the parties must have resided in Idaho for at least six weeks prior to filing. The Complaint for Divorce is filed in the district court, and the final document is called the Decree of Divorce.

No-Fault Divorce

No-fault divorce may be granted in Idaho if the parties have irreconcilable differences with no chance of reconciliation, or if the parties have lived apart for a lengthy period of time.

Fault Divorce

Fault divorce can be filed if one of the following grounds are met:

• Adultery
• Extreme cruelty or abuse
• Desertion by one spouse for a certain period of time
• Willful neglect
• Habits of extreme intoxication from alcohol or drugs
• The conviction of one spouse of a felony
• Mental incapacitation or legal insanity of either spouse

Legal Separation

For a legal separation, provisions for property division, alimony, and child custody similar to those in a divorce may be made.

Property Division

Idaho is a community property state, meaning that all marital property will be divided equally between the partners. Separate property includes property received through an inheritance or any property owned before the marriage. The court will take into account the duration of the marriage, any prenuptial agreements concerning property, the age and health of both parties, income and financial resources, retirement benefits, and other factors when awarding property.

Exploring Idaho Divorce Laws & Alimony

When it comes to child custody and spousal support, Idaho has specific laws in place that govern the process. Let’s take a closer look at these laws and how they shape divorce proceedings in the state.

Alimony in Idaho

In Idaho, alimony is not guaranteed, even if one spouse financially supported the other during the marriage. When determining spousal support, the court will take into account the duration of the marriage and the standard of living established; whether the spouse seeking support is unable to support themself or will need additional education or vocational training to find employment; whether the marriage dissolved due to the fault of one party; the financial resources and obligations of both parties; the age and health of the parties; and the ability of the supporting spouse to also support themself while paying alimony.

Child Custody in Idaho

When it comes to child custody, the court will always award what is in the best interest of the child. The court can award joint custody, shared custody, or sole custody. Physical custody is where the child actually lives, while legal custody is the rights of the parents to make decisions regarding the child’s education, religion, and other major issues. Both parents will be considered as suitable custodians unless there is compelling evidence to suggest otherwise. When awarding custody, the court will consider the following:

• The wishes of both parents for custody
• The wishes of the child, if the child is old enough to express an opinion
• The relationship to both parents to the child and their ability to be effective parents
• The character of both parents
• The adjustment of the child to their home, school, and community and how custody will affect that
• The relationship of the child to siblings and other family members
• The need for relative continuity in the child’s life
• Any evidence of domestic abuse.

Idaho Divorce Laws & Child Support

In Idaho, when both parents are considered legal custodians for the child, both are responsible for the financial support of the child. The state uses income guidelines to determine the financial percentage that each parent must provide for the child, based upon their incomes and financial resources. Some of the major provisions of Idaho child support laws include:

• Both parents, regardless of gender, can be ordered to pay child support
• The court will consider the financial needs of the child over the needs of the parents or any creditors unless there is extreme debt
• In cases of low income families, there is still a need for child support, even if it is a minimal amount

Rarely will there be a judgment of zero dollars for child support. In Idaho, there are no laws that require parents to support their children through postsecondary education. However, it is important to note that courts may consider the future educational needs of a child when deciding on a financial settlement.

Divorce in Idaho: FAQs

If you’re considering filing for divorce in Idaho, you may have a few questions. We’ve put together this list of frequently asked questions to help you understand the process.

How long must I have lived in Idaho to file for divorce?

The Idaho divorce law requires you to be a resident of the State for at least 6 weeks before filing for divorce.

What if my spouse doesn’t live in Idaho?

Under the Idaho divorce law there are no requirements for your spouse to live in Idaho. However, this can complicate the divorce process since your spouse needs to be served with divorce papers. This takes more paperwork and more time, and due to the distance between you and your spouse, the cost of divorce increases.

How long will it take for me to be rid of my spouse?

The divorce process takes time unlike marriage. Most divorce cases are resolved within months of the divorce filing. Some cases take longer, while a few have taken years to be decreed by the court. The time it takes your divorce to be settled depends on the complexity of your divorce case.

What is the filing fee for divorce in the State of Idaho?

The court filing fee for divorce depends on the county of Idaho that you live in.

How do divorce attorneys in Idaho charge for their services?

Most Idaho divorce lawyers charge according to an hourly rate.

How much will my divorce cost me?

This really depends on the complexity of your divorce case and the time it takes to be settled. The more complicated your case, and the longer it takes, the more it will cost.

Do I really require an Idaho divorce lawyer?

Well you can represent yourself in the court, but it is better to hire the services of an Idaho divorce lawyer. They can help you navigate the complex process and ensure that all paperwork is filed correctly.

Can my spouse and I hire the same Idaho divorce lawyer and save some money?

No, it is not possible for any Idaho divorce lawyer to represent both of the spouses. However, it is possible to hire the same Idaho divorce lawyer to prepare the papers for both the spouses.

Does the State of Idaho recognize common laws?

No, the State of Idaho doesn’t recognize common laws.

Is Idaho a No-Fault State?

Yes, Idaho is a no fault State. Though, in Idaho you can also file for divorce on grounds. No fault divorces finish faster.