Idaho Divorce Information

This page is designed to provide you with important Idaho divorce tools and services to help you understand the process and get the support your need. From choosing a divorce attorney to reading through the divorce laws, you'll find the information you need. In addition to the child support worksheets and guidelines, there are also support resources throughout the state to help with family abuse issues and divorce recovery groups for healing. 

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Idaho Divorce Law Summary

by WomansDivorce

Grounds for annulment

If any of the causes below exited at the time of marriage, the marriage may be annulled if:

• The person seeking annulment was not old enough to legally consent to, and didn’t have the consent of his or her parent or guardian to marry. This ground for annulment is only valid if the underage spouse did not freely cohabitate with the other spouse after reaching the age of consent. 
  
  
• Either party already had a living spouse and that marriage was still in force when the subsequent marriage for which an annulment is sought occurred. 
  
  
• Either spouse was of unsound mind at the time of the marriage, unless that person lived with the other party as husband or wife after coming to reason. 
  
  
• The marriage was entered into fraudulently, unless that party freely lived with the other spouse as husband or wife after becoming aware of the facts. 
  
  
• The marriage was entered into under duress, unless that party freely lived with the other spouse as husband or wife afterwards. 
  
  
• Either spouse was physically incapable of consummating the marriage and such incapacity continues and doesn't appear to be curable.

Legal separation

The court can grant a decree of legal separation which addresses the division of property, custody and support of the children, alimony, and payments of debts.

Residency requirements and jurisdiction

Idaho requires the plaintiff to be a resident of the state for at least six weeks before filing a domestic relations action. The district court handles these types of issues.

Grounds for divorce

In Idaho, a couple can get a no-fault divorce based on irreconcilable differences. On the other hand, a fault-based divorce can be initiated based on adultery, willful desertion, extreme cruelty, willful neglect, felony conviction, habitual alcoholism to the extent it impedes normal everyday functions, or if a spouse has become permanently insane.

Marital asset division / property settlement

Idaho is a community property state, which means that all debts and assets acquired during the marriage will be divided 50/50 regardless of whose name is on the asset or liability. The court can deviate from an equal division for compelling reasons consider such things as:

• the length of the marriage; 
  
  
• the needs of each spouse, considering their age, health, financial resources, retirement benefits, income potential, and earning capabilities; 
  
  
• Any post-marital agreement between the parties; and 
  
  
• Whether the property division will be in addition to or in lieu of alimony.

Alimony / spousal maintenance

Maintenance can be ordered if a judge determines the spouse seeking support is not able to be self-supporting or lacks sufficient assets to meet his or her practical needs. Factors that may be considered when determining a maintenance award include:

• The duration of the marriage;
• The fault of either party;
• The age, physical and emotional health of the dependent spouse, as well his or her financial resources and ability to be self-sufficient;
• The length of time the dependent spouse would need to receive training or education to gain employment;
• The ability of the other spouse to meet his or her needs while supporting the dependent spouse;
• The tax consequences of each spouse.

Custody of children / best interests of the child

Judges prefer for parents to work out their own agreement regarding the custody and visitation issues concerning their children. If they are unable to reach an agreement, the court can make a determination for sole custody, joint physical custody, joint legal custody or joint physical and legal custody based on the best interests of the minor child or children.

The court prefers to award joint custody unless a parent is found to be a habitual perpetrator of domestic violence. Joint custody does not necessarily mean the child will spend equal time with each parent; the court determines the amount of time spent with each parent. Custody arrangements may be made for either parent, as well as a grandparent with whom the child resides in a stable relationship. Any modifications of custody issued in relation to a parent's deployment as part of their military duties will be on a temporary basis only.

Child support

Child support amounts are based on both parents income using the Idaho Supreme Court child support guidelines (PDF). Child support will continue until a child turns 18, but may be extended if the child has not yet graduated from high school. In those situations, child support will continue until the date the child graduates or turns 19, whichever occurs first.

Child support orders are subject to income withholding orders to ensure payment, and payments are to be made to the Idaho department of health and welfare child support services. All support orders will include provisions of the medical support of the dependent children. 

Reference: 
ID Online Statutes Title 32: Domestic Relations

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Divorce Lawyers in Idaho

Need a Divorce Lawyer? With this service you can confidentially present the information about your case and get matched with qualified local attorneys. Receive your free family law case review now!

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Parenting Classes

In some districts in Idaho, a divorce educational class is required for divorces and paternity or custody cases. These co-parenting classes discuss how parental conflict can affect children and what they can do to help their children cope with the inevitable changes. Below is a list of the available classes in some of the districts:

Focus on Children Class - Adams, Gem, Canyon, Owyhee, Payette, & Washington Counties - (208) 454-7269

Focus on Children Class - Ada County / 4th District Court - (208) 287-7606

Co-Parenting Classes - Blaine, Jerome, Minidoka, and Twin Falls (scroll to bottom to access class schedules and more information). You can also call (208) 735-4307

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Online Divorce Service

Hiring a lawyer is expensive and most women don't have the extra funds to cover the cost. If you can work together to reach an agreement, handling your own divorce paperwork is an affordable option. And it's even easier if you use an online service to create your customized divorce documents using their intuitive question-and-answer system. With this type of service, you'll have the ability to make changes or additions as necessary for your particular case. Save on legal costs and begin completing your own divorce papers today.

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Domestic Abuse Support

ID Counsel on Domestic Violence and Victim Assistance 
Hotline: 1-800-669-3176