Residency Requirements

In order to file for divorce in the State of Idaho, the filing party must have been a resident for six weeks.

Grounds

Idaho recognizes irreconcilable differences which have caused the irremediable breakdown of the marriage as no-fault grounds for divorce.

Idaho also recognizes fault grounds for divorce, including, but not limited to: adultery, insanity, conviction of a felony, willful desertion of one of the parties, and cruel and inhuman treatment

Child Custody

Custody is determined according to the best interests of the child. The court will consider many factors in determining the best interests of the child, including: wishes of the child's parents and the child; the bond between child and parent and siblings; and the child's adjustment to home, school, and his or her surroundings.

Idaho presumes that a child’s best interest is served through joint legal and physical custody. Legal custody permits a parent to have decision making power in the major decisions in a child's life. Legal custody is not the same as physical custody, and important decisions can be made without the child physically residing in the legal custodian’s household. Physical custody defines the child's residential placement. It is rare in joint physical custody for the child to spend an equal amount of time with each parent.

Child Support

Idaho’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income and certain child related expenses are taken into consideration when calculating child support. Child support payments will continue until the child reaches eighteen years of age, extending through the child’s high school education.

Venue

The spouse should file for divorce in the county where the defendant, or responding party, resides. If the defendant is out of state or if his or her address is unknown, then the divorce should be initiated in the county where the plaintiff resides.

Mediation

By law parties must mediate in all domestic relations actions involving a controversy over custody or visitation of minor children. The parties may initiate voluntary mediation at any time, before or after a divorce action has commenced.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.