Overview of Divorce in Idaho

The following is an overview of divorce in Idaho. Divorce in Idaho may be filed as either fault or no-fault, with property divided according to the “Community Property” principle, and spouse and child support determined according to the income shares model

Residency and Filing Requirements

To file for a divorce in Idaho, you must be a resident of the state for at least six full weeks preceding commencement of the action.

Grounds for Filing

Divorce may be filed in Idaho as either a Fault or No-Fault divorce. No-Fault divorces are granted on grounds of irreconcilable differences, or when married persons have been separated for five years without cohabitation, Fault divorce may be filed on grounds of adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction or convictions, or the permanent insanity of either the husband or the wife. To find out the best type of filing for your situation, it's best to consult with a divorce attorney beforehand.

Property Distribution

Idaho is a "Community Property" state. This means the court will divide all property the parties acquired during the marriage equally (50/50) if the parties are not able to reach an agreement. The court will take into account debts, duration of the marriage, any prenuptial agreements, age, health and occupation of the parties, amount and source of income, vocational skills, employability of each spouse, the needs of each spouse, whether property is assigned instead of or in addition to support, and retirement benefits.

Spousal Support

Not all cases result in support from one spouse to the other, either temporarily or permanently. This is case-by-case basis as agreed to by the parties or by the court, who may grant a maintenance if it finds that the spouse seeking support lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through employment.

The court will consider factors such as financial resources of the spouse seeking maintenance, including marital property awarded in the divorce, time necessary to acquire sufficient education to find employment, duration of the marriage, age and the physical and emotional condition of the spouse seeking maintenance, the ability of the payee spouse to meet his or her needs while paying, and the fault of either party.

Counseling or Mediation Requirements

The court may stay the proceedings 90 days where there are children in the family, if the court finds attempts at reconciliation practicable and in the best interest of the family.

Child Custody and Support

The Idaho courts will do everything they can to mitigate the emotional trauma the children may be experiencing from the divorce. If the parents cannot agree on the issues involving the children, the court will establish custody at its discretion.

Child support will be based on the Income Shares Model with monthly support amount determined according to each parent¹s income.

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