Idaho Divorce Laws 7

In: Idaho

Divorce Law Basics in the State of Idaho

Also See: Idaho Marriage Laws

Statute: Idaho State Divorce Code (Title 32, Chapter 6):

No-Fault Grounds:

  • Irreconcilable differences
  • Living apart for five years or more without cohabitation

At-Fault Grounds:

  • Adultery
  • Extreme cruelty
  • Wilful desertion
  • Wilful neglect
  • Habitual intemperance
  • Conviction of a felony
  • Insanity

Residency: The Plaintiff must have been a resident continuously for 6 weeks or more prior to filing.

Legal Separation Recognized? Yes. Alimony can be awarded without having a divorce pending.

Counseling Requirements: None.

Property Distribution : Idaho is a community property state so marital assets are typically divided equally. Factors affecting property distribution include the duration of the marriage, prenuptial agreements and the age, health, occupation, liabilities and earning abilities of each spouse.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge. Fault is considered.


  • Dana Smith

    In Idaho if a home was purchased by one person before marriage and then is sold before a divorce. Are the proceeds of that property now considered community property?

  • Marcy

    Before divorce is final, do both parties have equal rights to enter the home if purchased together during the marriage?

    In Idaho, can the child support be figured on current income rather than last years due to unemployment? (currently seeking employment through Idaho Dept of Labor)

    • Brianna

      Yes, if your income goes down by a certain percent. For instance my husband made $9 an hour when his divorce finalized but now it won’t go down because minimum wage isn’t that percent. They will base it off of at least full time minimum wage, unless you are disabled in which case they base it of of your social security income.

  • Brett

    If i was to seperate from my wife and take the kids without signing a seperation agreement can she file for full custody

  • Anna

    How do i go about getting a legall seperation? can i do it withou a lawyer

  • Amber

    My husband from Idaho, of 2 months admitted to adultry. Do I have a claim to the 3 ring? Any maintenance?

  • sassy

    Im divorced and my ex is living with someone they have a child together, we have joint custody, he gets them on the weekends. my question is every time I talk to him or her they both constantly curse at me in front of my son,s and say they wish I would get hit by a truck or call me very bad names in front of my boys, In the divorce papers it states I have to take them to where ever he tells me to on is days and he has to bring them home to me , is there a way I can make him come and get them so I dont have to listen to his girlfriend be little me in front of my boys? Please Help.
    I live in Idaho and was told that it would be up to me to take him back to court if I have a problem but I cannot not afford to chance losing my job over missing court days. can I simply just refuse to deliver the boys and tell him he has to pick them up.