Idaho Family Law Resources

Our Idaho divorce and child custody articles will help you gain a better understanding of possible complexities in your case. Knowing more about the divorce process in Idaho can help improve communication with your divorce lawyer and help you reach your goals in Idaho family court.

• Idaho Divorce Questions
• Idaho Child Custody Questions
• Ten Things You Can Do To Sabotage Your Custody Battle
• Divorce Information For Every Step

Idaho Divorce Process

Idaho laws allow you to file an uncontested or contested divorce. If you and your spouse can agree on everything, you can file an uncontested divorce. If you can’t agree on anything, you’ll need to file a contested divorce. If you can agree on some factors but not others, you can incorporate a settlement agreement into the final judgment after the court rules on the contested issues.

Since you don’t have to go through a lengthy trial if you agree on everything, uncontested divorces don’t take nearly as long as contested divorces and are often less expensive.

To begin a divorce proceedings, you only need to file three documents:

• Petition for Divorce
• Summons
• Family law case information sheet

If there is custody, the parenting plan is incorporated into the Petition, even if just as an attachment. Additionally, paperwork for a Parenting Class is sent to the Petitioner after they file a Petition for Divorce. A Joint Temporary Restraining Order/Injunction is also provided by the Court at this time.

You must serve your spouse (Respondent) with the Petition for Divorce, the Summons, the Joint Temporary Restraining Order, and the Parenting Class (if applicable).

Related Article: What to Know When Filing for Divorce

Idaho Residency Requirements

Idaho has one of the shortest residency requirements of all the states. You must have been a resident of Idaho for 6 full weeks before you may file for divorce in this state. You must file your divorce in the district court in the county where your spouse lives. If your spouse lives out of state, you file in the county where you live.

Related Article: What Is The Residency Requirement For Filing For Divorce?

Grounds for Divorce in Idaho

Idaho is a no-fault state, which means you don’t need to allege grounds. However, you can allege grounds if you wish. If you don’t want to allege grounds, you can allege irreconcilable differences.

You can also allege grounds for a divorce if your spouse doesn’t agree to either of the reasons above. Divorces in Idaho may be granted for any of the following causes:

• Adultery
• Extreme cruelty
• Willful desertion
• Willful neglect
• Habitual intemperance
• Conviction of a felony
• When either the husband or wife has become permanently insane
• Irreconcilable differences

In Idaho, there is also Separate Property. Which is property obtained before the marriage and any inheritances or gifts acquired during the marriage. Separate Property cannot be divided but can be considered in the factors for spousal maintenance.

Related Article: The No-Fault/Fault-Based Divorce Debate

Idaho Property Division Process

Idaho is one of the nine community property states in the U.S. Thus, property division is as close to equal as possible unless there are compelling reasons otherwise.

Factors going into this division include:

• The duration of the marriage
• Any antenuptial agreement of the parties
• The age and health of each spouse
• The earning capacity of each spouse
• Employability
• Vocational skills
• Liabilities
• The needs of each spouse
• Income
• Spousal maintenance
• Retirement benefits

Related Article: Divorce Tips For Men: What To Do With The House?

Idaho Child Custody Laws

In Idaho, you can have two types of custody: Physical custody and legal custody. Parents who have joint custody share legal and physical custody. The court can also grant legal and/or physical custody to one parent – not always the same parent. The court’s determination is always based on the best interests of the children.

Physical Custody

The parent(s) who have physical custody spend a substantial amount of overnights with the children. In joint custody, one parent may have three overnight, and the other may have four, or weeks may rotate, so it’s not always equal.

Legal Custody

The parent(s) who have legal custody make decisions on behalf of the minor children, including education, medical care, and religious decisions.

Relevant Factors

Like most courts, Idaho uses the best interests of the children standard when deciding child custody. The court shall consider all relevant factors, which may include:

• Promoting continuity and stability in the children’s lives
• The wishes of the parents
• The wishes of the child
• How each parent and the siblings interact with the child
• Home, school, and community
• The character and circumstances of all parties
• Which parent can give stability – in many cases, it is both
• Domestic violence

Related Article: Idaho Child Custody FAQs

Idaho Child Support

The court may order child support to either or both parents (in a guardianship case) until the child is:

• Eighteen (18) years of age (or)
• If still in high school, either nineteen (19) years of age or graduation, whichever occurs first

All child support orders shall notify the obligor that the order will be enforced by income withholding.

Both parents share the responsibility of supporting their children. Child support is based on the combined gross income of both parents main employment (income from a second job or side business is not counted). The share of financial responsibility is prorated based on income. Thus, if one parent makes 60 percent of the income, that parent contributes 60 percent of the support, while the other contributes 40 percent.

Related Article: What Does Child Support Actually Cover?

Idaho Spousal Support

The court may grant a maintenance order if it finds that the spouse seeking maintenance lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through employment AND the division of community property. Idaho doesn’t have set guidelines as it does for child support, and the court uses its discretion based on several factors, including:

• The financial resources of the spouses, including martial and non-marital property
• The time required for one spouse to acquire education and/or training
• The duration of the marriage
• The age, physical condition, and emotional condition of the parties
• The ability of the parties to meet their own needs
• Tax consequences
• Fault (i.e., adultery)

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

Most divorces are complex, especially when the parties have children or significant property. Experienced Idaho divorce lawyers can guide you through the process and help protect your rights.

Client Experience

“The whole team was great. We got a resolution that I was comfortable with and it went quickly and smoothly.” — Joseph C.

“[My attorney’s] work was, in my experience, unparalleled. I was very satisfied.” — Jose A.

Unparalleled Attorneys Advocating for Idaho Men

If you have been served with divorce or if you are planning on divorcing your spouse, contact Cordell & Cordell for a consultation.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.