Idaho Divorce Forms and Papers

If you meet the Idaho State requirements for Divorce please proceed to order your divorce documents.

Idaho Residency Requirements

A spouse filing for divorce in Idaho must have been a resident for six weeks.

Grounds for Divorce In Idaho

Idaho recognizes both fault and no-fault grounds for divorce.

Idaho recognizes irreconcilable differences which have caused the irremediable breakdown of the marriage as no-fault grounds.

The following are some Idaho's seven fault grounds for divorce:

Adultery;
Insanity;
Conviction of a felony;
Willful desertion;
Cruel and inhuman treatment.

Idaho Child Custody

Idaho presumes that joint legal and physical custody is in a child's best interest. Legal custody is a concept that permits a parent to have decision making power over the major decisions in a child's life, regardless of the child's physical placement. Physical custody defines the child's residential placement. Joint physical custody does not mean that a child will necessarily spend 50% of his or her time with reach parent, in fact such schedules are unusual.

Custody is determined according to the best interests of the child. The following are some factors which should be considered in any child custody decision.

Wishes of the child's parents;
Wishes of the child;
Bond between child and parent and siblings;
Child's adjustment to home, school, and community;
Mental and physical health and integrity of all individuals involved.

Child Support

Idaho has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, but will be extended through his or her high school education.

Venue

Venue for a divorce action in Idaho is determined by residence. A divorce should be initiated in the county where the defendant resides. If the defendant is out of the state or if his or her address is unknown, then the divorce action will take place in the county where the plaintiff resides.

Mediation

By law all domestic relations actions involving a controversy over custody or visitation of minor children in the courts of this state shall be subject to mediation regarding issues of custody, visitation or both. Voluntary mediation of any disputed issue may be initiated by the parties at any time, before or after a divorce is initiated.