Idaho Divorce

Residency Requirements

You must have been a resident of Idaho for 6 full weeks before you may file for divorce in this state.


Grounds for Divorce

Divorces in Idaho may be granted for any of the following causes:

1. Adultery.
2. Extreme cruelty.
3. Wilful desertion.
4. Wilful neglect.
5. Habitual intemperance.
6. Conviction of felony.
7. When either the husband or wife has become permanently insane.
8. Irreconcilable differences.


Division of Property

Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses of the community property and homestead. Factors going into this division include:

a) Duration of the marriage;
b) Any antenuptial agreement of the parties; provided, however, that the court shall have no authority to amend or rescind any such agreement;
c) The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse;
d) The needs of each spouse;
e) Whether the apportionment is in lieu of or in addition to maintenance;
f) The present and potential earning capability of each party; and
g) Retirement benefits, including, but not limited to, social security, civil service, military and railroad retirement benefits.


Spousal Support

The court may grant a maintenance order if it finds that the spouse seeking maintenance lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through employment. The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors, which may include:

a) The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;
b) The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;
c) The duration of the marriage;
d) The age and the physical and emotional condition of the spouse seeking maintenance;
e) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
f) The tax consequences to each spouse; and
g) The fault of either party.


Child Custody

Like most courts, Idaho uses the best interests of the children standard when deciding child custody. The court shall consider all relevant factors, which may include:

a) The wishes of the child’s parent or parents as to his or her custody;
b) The wishes of the child as to his or her custodian;
c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
d) The child’s adjustment to his or her home, school, and community;
e) The character and circumstances of all individuals involved;
f) The need to promote continuity and stability in the life of the child; and
g) Domestic violence whether or not in the presence of the child.


Child Support

The court may order child support to either or both parents until the child is eighteen (18) years of age. If the child continues his/her high school education subsequent to reaching the age of eighteen (18) years, the court may order the continuation of support payments until the child discontinues his/her high school education or reaches the age of nineteen (19) years, whichever is sooner.

All child support orders shall notify the obligor that the order will be enforced by income withholding.


Sources (Idaho state statutes)


Idaho Resources


Laws & Courts:

Idaho Law – title 32 “Domestic Relations”, Chapters 5 through 13.
Idaho Judicial Branch – court rules, judicial news, and District Court information are available.

Additional Resources:
Judicial / Legal Page various legal links from the State of Idaho.
Idaho State Bar Homepage – online discussion group, consumer information pamphlets, and judicial news and information are offered by the Idaho State Bar and Idaho Law Foundation, Inc.
Children’s Rights Council – national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents’ marital status.

Report broken links or send suggestions by contacting us.

Additional Links

The State Resource pages are provided for informational purposes only. Do not take any actions based upon the information contained within the State Resource pages without first consulting an attorney licensed in your state. We at strive to keep our information up-to-date; however state laws are not static and subject to change without notice.