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The ?no-fault" ground for divorce in Idaho is called "irreconcilable difference." You can also divorce if living separately for at least five years. The fault-based grounds for divorce included: Adultery. Extreme cruelty or inflicting serious physical or mental harm on your spouse.

In Idaho, marital property division follows the community property law. The spouses have equal rights over any debts and assets they acquired during their marriage. The law refers to these assets and debts as community property.

Filing for divorce involves several important steps you will need to follow to ensure that you abide by Idaho's procedure. The 2022 court filing fee is $207 and the waiting period to receive a final divorce decree from an Idaho court is a minimum of 21 days after the filing and service of process.

Idaho is a fault and no-fault state. It is not necessary to show that either one of the parties was at fault. One statutory basis for a divorce in Idaho is that there is no reasonable likelihood that the marriage can be preserved and, therefore, the marriage is irretrievably broken.

Serving Divorce Paperwork in Idaho 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.

Spousal support, or alimony, is a key part of every divorce case. Under Idaho law, the spouse who committed adultery may have to pay more alimony. On the other hand, if the spouse who is less financially stable was the one who committed adultery, the court may award less alimony because they were at fault.