Idaho No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts
Notes: This summary is not intended to be an all-inclusive
summary of the laws of divorce in the State of Idaho, but does contain
basic and other procedures.
Grounds for divorce
A divorce may be granted in Idaho based upon the following grounds:
6. Conviction of a felony
8. Living separate and apart without cohabitation for 5 years.
9. Irreconcilable differences 32-603
Residency requirements/where to file
The plaintiff in an action for divorce in the State of Idaho must
have been a resident of the state for at least six (6) full weeks immediately
prior to the filing of the action for divorce. The action should be filed
in the county where the defendant resides, or the county where the plaintiff
resides if the defendant is not a resident of the State of Idaho. 31-701
Name of court and title of action/parties
An action for divorce in the State of Idaho is filed in the District
Court. The title of the action initiating the proceeding is referred
to as the Complaint for Divorce, while the title of the action granting
the divorce is called the Decree of Divorce. The party filing the
action is the Plaintiff, while the other spouse is the Defendant.
Legal separation
Idaho has no legal provisions for court-ordered legal separation.
Waiting period
There is a mandatory waiting period of twenty (20) days from the
date of the date of commencement of the action and service of process to
the granting of the divorce. 32-716
Alimony
When a divorce is granted, the court may award alimony to a spouse
if it finds that the spouse seeking alimony lacks sufficient property to
provide for his or her reasonable needs, and is unable to support himself
or herself through employment. The order granting alimony shall be in an
amount and for a time period that the court deems just, after consideration
of the following factors:
1. The financial resources of the spouse seeking support
2. The time necessary to acquire sufficient education and
training to enable the spouse to find employment
3. The duration of the marriage
4. The age and physical and emotional condition of the spouse
seeking support
5. The ability of the spouse from whom support is sought
to meet his or her needs while meeting the needs of the spouse seeking
support
6. The tax consequences to each spouse
7. The fault of either party 32-705
Distribution of property
In Idaho, the court will divide all of the community property
equally after setting aside to each spouse that spouse's separate property,
unless there exists compelling reasons to divide the property otherwise.
Some of the factors the court will examine in making a determination as
to whether to divide the community property equally include:
1. The duration of the marriage
2. Any antenuptial agreement
3. The age, health, occupation, amount and sources of income,
vocational skills, employability and liabilities of each spouse
4. The needs of each spouse
5. The present and future earning capacity of each spouse
6. Retirement benefits of each spouse
7. Whether the apportionment is in lieu of or in addition to maintenance 32-712
Child custody
The court shall determine the issue of child custody based upon
the best interests of the child. There is a presumption that joint
custody is in the child's best interests. Among the factors the court
will consider in determining the best interests of the child are:
1. The wishes of the child's parents
2. The wishes of the child
3. The interaction and interrelationship of the child with
the parents and siblings
4. The child's adjustment to his/her home, school and community
5. The mental and physical health and integrity of all individuals
concerned
6. The need to promote continuity and stability in the life
of the child
7. Any instances of domestic violence
8. The character and circumstances of all individuals involved;
Each parent, unless otherwise stated by the court, shall have equal
access to information pertaining to the child, such as medical, dental,
health and school records. 32-717, 32-717A
Child support
The court may order either or both parents to pay an amount reasonable
and necessary for the support of a minor child until that child's eighteenth
birthday after considering the following factors:
1. The financial resources of the child
2. The financial resources of the parent
3. The physical and emotional condition and needs of the
child and his or her educational needs
4. The availability of medical coverage for the child
5. The standard of living the child enjoyed during the marriage
6. The actual tax benefit recognized by the party claiming the federal child dependency exemption
The State of Idaho has established child support guidelines which
set the presumptive correct amount of child support to be awarded. Deviation
from the guidelines requires a specific written finding on the record of
the proceeding that the application of the guidelines would be unjust or
inappropriate in the particular case. 32-706
Mediation
During the mandatory waiting period of twenty days before granting
a divorce, the court may, upon request of either party, require a conference
of the parties to make a determination as to whether a reconciliation of
the parties is practicable. 32-716
Grandparents' visitation
The district court may grant reasonable visitation rights to grandparents or
Great-grandparents upon a proper showing that the visitation would be in the
best interests of the child.
32-719