Idaho Residency Requirements
The state of Idaho has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The Idaho residency requirements are as follows:
A divorce must not be granted unless the plaintiff has been a resident of the state for six (6) full weeks next preceding the commencement of the action. The divorce may be filed in the county in which either the husband or the wife reside. If either spouse is not a resident of the state, the divorce must be filed in the county in which the plaintiff resides. (Idaho Code - Title 5 - Chapters: 404)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in Idaho for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the Idaho residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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