In Idaho, there are 3.4 divorces per 1,000 people. This is the sixth highest divorce rate in the country. If you are considering getting a divorce in Idaho, it’s important to understand the laws that govern the end of your marriage.
This guide to Idaho divorce laws helps you understand everything you need to know to dissolve your union.
Who Can File for Divorce in Idaho?
Only people who meet residency requirements can file for divorce in Idaho. These residency requirements are easy to meet, though.
While many states require you to live within their borders for months before you can dissolve your marriage there, you are allowed to get a divorce in Idaho as long as you were a resident for at least six weeks prior to filing.
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What Are the Grounds to File for Divorce in Idaho?
To divorce in Idaho, you must list grounds for divorce when you file court paperwork. This means you must state a legal reason for the divorce.
Idaho recognizes both fault divorces and no-fault divorces. You can pursue a fault divorce if you believe your spouse was to blame. However, many people simply opt for no-fault divorces because they can be easier as you don’t need to provide evidence of wrongdoing.
There are two different ways you can get a no-fault divorce in Idaho. You can be eligible for a no-fault divorce if either of the following is true
- You can demonstrate that you and your spouse have irreconcilable differences that have resulted in a breakdown of the marriage and that cannot be resolved
- You can demonstrate that you and your spouse have lived separately and apart for at least five continuous years
Alternatively, you can get a fault divorce for the following reasons:
- Adultery: Your spouse voluntarily engaged in sexual intercourse with someone else
- Extreme cruelty: Your spouse inflicted grievous bodily injury or mental suffering on you
- Willful desertion: Your spouse intentionally separated from you with the intent to dissolve the marriage
- Willful neglect: The law defines this as a husband refusing to provide a wife with the necessities of life despite having the ability to do so.
- Habitual intemperance: Your spouse is so intoxicated that they are unable to properly attend to business or so intoxicated that it causes you great mental suffering
- Felony conviction: Your spouse is convicted of a felony offense during your marriage
- Insanity: Your spouse becomes permanently insane
How to File for Divorce in Idaho
You must submit certain papers to the court in order to file for divorce in Idaho. The documents you must complete and submit include:
- Petition for Divorce (with or without minor children)
- Summons
- Certificate of Divorce or Annulment
- Family Law Case Information Sheet
If you have minor children, additional documents are also required including:
- Order to Attend Divorce Orientation/Parenting Workshop
- Affidavit Verifying Income
- Child Support Worksheet
- Parenting Plan
You can find out more details about the specific forms using the CourtSelfHelpIdaho website. However, the self-help site advises hiring an attorney as the first step in dissolving your marriage because it’s generally not a good idea to try to handle all of the steps of divorce on your own.
You also need to pay a filing fee or include a Motion and Affidavit for Fee Waiver when you submit your court forms and initiate the process of a divorce in Idaho.
Serving Divorce Paperwork in Idaho
When you file for divorce, your spouse needs to be formally notified. This formal notification is referred to as Service of Process.
If your spouse is willing to cooperate with you and accept service, you can take care of this requirement by having your spouse sign an Acknowledgment of Service. If your spouse is not willing to cooperate, you need someone over 18 in the county where your spouse lives to serve divorce papers. Typically, a sheriff or professional process server does this for a fee.
If you cannot find your spouse to serve them with papers, you will need to complete Service by Publication.
Contested or Uncontested Divorce
Idaho allows you to get a contested or an uncontested divorce.
A contested divorce is one in which you and your spouse don’t agree on issues so you must go to court to allow a judge to decide the terms of your divorce. This is not only more expensive, but it can also result in worse outcomes as a judge isn’t in the best position to know what works for you and your spouse when it comes to property and custody division—you are.
An uncontested divorce, on the other hand, requires you to come to an agreement with your spouse. A divorce attorney and/or professional mediator can help facilitate this process if you can’t do it on your own. Usually, this is less stressful, less expensive, results in a settlement both spouses are happier with and can help you to avoid acrimony which is important if you are coparenting.
What Is the Waiting Period for an Idaho Divorce?
There is a waiting period for a divorce in Idaho. In general, you will not be granted a divorce until at least 21 days after your spouse has been served with divorce papers. Many divorces take longer than this, with a contested divorce typically taking about six months or more to be resolved.
Get Legal Help With a Divorce in Idaho
If you are getting a divorce in Idaho, you should speak with an experienced divorce lawyer early in the process. Your attorney will guide you through each step of dissolving your marriage to help you get the best possible outcomes.
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Frequently Asked Questions (FAQs)
How is marital property divided in an Idaho divorce?
Idaho is a community property state. Marital property is divided 50/50 in community property states. Each spouse gets half of all marital assets and is responsible for half of marital debts.
Can you get alimony in an Idaho divorce?
You can get alimony in an Idaho divorce if you have a valid prenuptial agreement entitling you to alimony, if you agree on the issue of alimony and include it in a negotiated settlement in an uncontested divorce or if a judge awards you alimony in a contested divorce. Alimony is appropriate when there’s a gap in the earning power between the spouses.
How long does an Idaho divorce take?
The timeline for an Idaho divorce can vary. There is a 21-day waiting period after your spouse is served with papers before your divorce becomes final, but often it takes longer than this time to dissolve your marriage. If you are involved in a contested divorce, the process could take six or more months to resolve.
