Idaho State FAQ for Ending the Marriage

Legal Grounds for Idaho divorce

  • Spouse filing must be resident of Idaho for 6 weeks prior to filing.
  • Divorce should be filed in the county where the Defendant resides or if the Defendant is not a resident of Idaho, the county where the Plaintiff resides
    • General
      • Adultery
      • Permanent Insanity
      • Felony Conviction
      • Willful Desertion
      • Extreme Cruelty
      • Willful Neglect
      • Habitual Temperance
    • No Fault
    • Irreconcilable Differences
    • Living Apart for Five years with no cohabitation

Separate Property

  • Property Acquired Prior to Marriage
  • Gifts Acquired Before or During Marriage
  • Individual Gifts Acquired Before or During Marriage

All Other Property

  • The Courts will divide all Other Property substantially equal manner unless there are reasons otherwise, and whether Property Awarded is instead of or in addition to Maintenance.
    • Marital Misconduct
    • Length of the Marriage
    • Age and Health of the Spouses
    • Occupation of the Spouses
    • Amount and Sources of Income
    • Present & Potential Earning Capabilities
    • Vocational Skills
    • Employ-ability of Spouses
    • Premarital Agreement
    • Retirement Benefits including
      • Social Security
      • Civil Service
      • Military
      • Railroad
    • Liabilities of Spouses
    • Needs of Spouses

Maintenance may be Awarded if Spouse

  • Lacks Sufficient Property to Supply Reasonable Needs
  • Unable to Support himself/herself through Employment
  • Award Based on:
    • Time Necessary for Education and Training to enable Employment

Duration of Marriage

  • Ability of Spouse to Support Self while meeting needs of Spouse seeking Support
  • Financial Resources of Spouse seeking Maintenance including
    • Marital Property Apportioned
    • Ability to support self Independently
    • Tax Consequences
    • Age of Spouses
    • Physical/Emotional Conditions
    • Fault of either Party

Time Period

  • Mandatory 20 Delay for Granting Divorces unless Agreement by Spouses
  • During this period either party can request a meeting to see if there is a chance of reconciliation - divorce may delay divorce of up to 90 days to attempt reconciliation