Divorce in Idaho
Idaho is a community property state where marital assets are generally divided equally. The state allows both fault and no-fault grounds for divorce and requires at least one spouse to have been an Idaho resident for six weeks. A final decree generally cannot be entered until 21 days after the case is filed and served.
Quick Facts
Residency Requirement
6 weeks residency required
Waiting Period
21 days after filing and service
Filing Fee (approximate, varies by county)
$200-$350
Property Division
community property
Grounds for Divorce
- Irreconcilable differences
- Adultery
- Extreme cruelty
- Willful desertion
Key Facts
- Idaho is a community property state dividing marital assets equally
- The residency requirement is only 6 weeks
- A final decree waits 21 days after filing and service, unless both spouses agree and appear at trial in person or through lawyers
- Both fault and no-fault grounds are available
- Separate property includes assets owned before marriage or received as gifts
Child Custody
Idaho courts determine custody based on the best interests of the child. The court considers the wishes of the parents and children, the child's adjustment to home and school, and the character of all individuals involved. Joint custody is an option.
Alimony / Spousal Support
Idaho courts may award spousal maintenance when a spouse lacks sufficient property to provide for their needs and is unable to support themselves through employment. The duration and amount are based on the length of the marriage and each party's financial situation.
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FAQs
Common questions about divorce in Idaho
Yes. Idaho is a community property state, which means marital property and debts are generally divided equally (50/50) between spouses. Separate property acquired before marriage or by gift/inheritance is not subject to division.
Idaho has one of the shortest residency requirements in the country at just 6 weeks (42 days). At least one spouse must have been a resident of Idaho for this period before filing for divorce.