Residency Requirements:
The spouse filing for divorce in Idaho must have been a resident of
the state for six full weeks before filing for a divorce.
Legal Separation:
There are no provisions regarding legal separation.
General Divorce Procedure:
A divorce still may be granted if the defendant fails to answer
the complaint for divorce (default judgment). Marital settlement
agreements are authorized. These agreements must be in writing and
notarized. If the marital settlement agreement contains any provisions
dealing in real estate, then the agreement must be recorded in the
county recorder’s office.
Where to file for divorce:
File for an Idaho divorce in the county where the defendant resides,
or, if a non-resident, in the county where the plaintiff resides.
Title of Divorce action:
Complaint for divorce.
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Grounds for Idaho Divorce:
No-fault:
Idaho recognizes no fault grounds for divorce as:
1) Irreconcilable differences;
2) Living separately and apart without
cohabitation for five years.
Fault-based:
Fault-based grounds include:
1) Adultery;
2) Permanent insanity;
3) Convicted felon;
4) Willful desertion for one year;
5) Cruel treatment to spouse;
6) Willful neglect;
7) Drunkenness.
Mediation or Counseling:
Idaho has a mandatory 20-day period before granting a divorce, unless
the spouses agree other- wise. Either spouse may request a meeting to
determine whether there can be reconciliation. If it is determined that
there may be a practical chance for reconciliation and if there are minor
children, the court may delay the proceedings for 90 days.
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