Idaho's Residency Requirements

The petitioner must have been an Idaho resident for 6 weeks before filing the divorce papers.

Idaho's Grounds for Divorce

Idaho residents may file for divorce under fault or no-fault grounds.

Idaho's no-fault grounds include:

• irreconcilable differences
• living separate and apart without cohabitation for 5 years or more

Idaho's no-fault grounds include:

• adultery
• conviction of a felony
• extreme cruelty
• willful neglect

Idaho's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Idaho court will make a ruling.

Idaho courts consider factors such as:

• wishes of the child
• any history of abuse by either parent
• the child's adjustment to the community, school, and home
• character and circumstances of those involved

Idaho's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Idaho courts consider factors such as:

• the standard of living experienced by the child during the marriage
• each parent's financial resources
• the physical and emotional needs of the child

Idaho's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Idaho courts will consider factors such as:

• duration of the marriage
• age, health, and earning capacity of each spouse
• any marital fault
• each spouse's ability to support themselves

Idaho's Property Division Guidelines

Idaho has adopted community property guidelines, meaning all property acquired during the marriage will be divided into two equal parts. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Idaho courts will consider factors such as:

• any marital misconduct
• duration of the marriage
• each spouse's current and future earning capacity
• any alimony arrangements

Idaho's Venue Guidelines

A petitioner may file the divorce forms in their county of residence, or in the respondent's county of residence.