Idaho Divorce Law

Important Idaho Divorce Laws to understand

Idaho Residency Requirements For Divorce

A spouse filing Idaho divorce papers 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 only one no-fault ground for divorce:

• irreconcilable differences which have caused the irremediable breakdown of the marriage.

The following are some of 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 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.

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.

Idaho Child Support Guidelines

Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education.

Venue

Idaho divorce forms may be filed in the petitioner’s or respondent’s county of residence.

Mediation

By law, all controversy over custody or visitation of minor children in the state of Idaho shall be subject to mediation. Voluntary mediation of any disputed issue may be initiated by either parties at any time.