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.


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