Idaho Family Laws

The plaintiff must have been a resident of Idaho for at least 6 full weeks immediately before filing for divorce. This is one of the shortest residency requirements in the country.

Idaho recognizes both no-fault (irreconcilable differences) and fault-based grounds including adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction, and permanent insanity. Living separate and apart for 5 or more years is also a ground.

Community property must be divided substantially equally unless compelling reasons dictate otherwise. The court considers the duration of the marriage, prenuptial agreements, each spouse's age, health, occupation, and earning capacity. Separate property (owned before marriage or received by gift/inheritance) is generally not divided.

Custody is determined by the best interests of the child, considering the wishes of the parents and child, the child's adjustment to home, school, and community, the character and circumstances of all individuals involved, the need for stability, and any history of domestic violence.

The court may award joint physical custody, joint legal custody, or both. Idaho does not presume in favor of or against joint custody but evaluates each case on its individual circumstances.

Idaho uses an income shares model that considers both parents' gross incomes, parenting time, and costs of health insurance and childcare. The guidelines amount is presumptively correct unless evidence shows it would be unjust.

The court may award maintenance if the requesting spouse lacks sufficient property for reasonable needs and is unable to support themselves through employment. Idaho has no formula for calculating maintenance; the court has broad discretion based on factors including marital standard of living, marriage duration, and earning capacity.