Divorce in Idaho

Idaho is nicknamed “The Gem State.” However, you have to familiarize yourself with Idaho divorce laws if your marriage is far from beautiful and sparkling.

Filing for divorce requires you to have been a resident of Idaho for at least six full weeks.1

Idaho is both a fault and no-fault divorce state. You can get a no-fault divorce on the grounds of irreconcilable differences, and if you can prove separate, continuous living for a least five years.2 At-fault divorce can be granted for reasons such as adultery, willful desertion, willful neglect, extreme cruelty, conviction of a felony, habitual temperance, and permanent insanity. 3

Idaho is a community property state, and only property acquired during the marriage is subject to division and distributed 50/50 between the spouses. The court will also consider economic misconduct and contributions to a partner’s education.4

1I.C. § 32-701

2I.C. §§ 32-610; 32-616

3I.C. § 32-603-608

4I.C. § 32-712