IDAHO DIVORCE BASICS AND OVERVIEW
|This is a divorce reference guide to understand filing for divorce in Idaho. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.|
- Time Frame: Idaho requires a minimum of 20 days to pass from the time of filing for a divorce to be finalized by the court.
- Where to File: District Court. "In the District court of the __________ Judicial District for the State of Idaho, in and for the County of ___________." (See Idaho Court Addresses)
- Statute Statutes: Idaho Statutes; Title 32.
- Name of Action: Complaint for Divorce.
- Name of Parties: Plaintiff, the name of the filing spouse, and defendant, the name of the other spouse.
- No-Fault or Fault and No-Fault Only: No-fault and traditional fault guidelines.
- Primary Documents Filed: Complaint for Divorce and Decree of Divorce. (See ID Forms List With Explanations)
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: There is no provision for a court-ordered separation.
- Grounds: No fault: Irreconcilable differences OR when married persons have heretofore lived or shall hereafter live separate and apart for a period of five (5) years or more without cohabitation, one spouse may sue the other for a divorce. (See Idaho Laws for Divorce)
- Residency Requirement: The plaintiff must be a resident of the state of Idaho for six weeks prior to filing. The action is filed in the county where the defendant resides or if he or she is not a resident of Idaho, the county where the plaintiff resides or designates. (See Idaho Residency Requirements for Divorce)
- Mediation Required: Mediation is not mandatory; however, the court may order it if the spouses cannot resolve child custody or support. Unless both spouses agree, Idaho requires a 20-day delay in granting of a divorce. Either spouse may request a meeting in this period to determine the chance of reconciliation. The court may delay the divorce for up to 90 days when there is any chance of reconciliation and there are minor children.
- Counseling Required: There is no mandatory divorce family counseling in Idaho.
- Parenting Classes Required: Parents with child custody issues must attend Focus on the Children classes, which the cost is $20 per parent.
- Filing Fee: About $129. (See ID Filing Fee Waiver Form)
- Where to File for Child Support: Child Support Services (CSS), is a state-run child support enforcement agency for Idaho.
- Child Support Guidelines Model: Idaho uses the Income Shares model to calculate child support (based on percentage of both parent's income).
- Property Division: Idaho is a community property state, which means that in any Idaho divorce, the court orders a just and equitable division of property acquired during the marriage.
- Appreciation of Separate Property: Each spouse keeps his or her separate property after the divorce. The appreciation of separate property is separate.
- Attendance at Hearing: Probably not, but the judge may ask a party to attend a hearing if there are minor children involved in the case. (Read more about Idaho divorce hearings)
- Fault Considered in Property Division: Fault (like committing adultery) may be considered in the distribution of property.
- Waiting period after Divorce for Remarriage: None.
- Common Law Marriages: Idaho recognizes common law marriages (if united before January 1, 1996).
- Divorce Records: Idaho Bureau of Vital Record and Health Statistics
- Learn More About Idaho Divorce.
The purpose of the mandatory parenting class is to help children and parents have a better experience during and after the divorce. Divorcing will end the marriage, but certainly does not end the responsibility of being a good parent. The goal of the class to make sure both parents are on the same page and realize they must work together to provide fro the need son a child. See Idaho IRCP 16(j) for details regarding the class and requirement. It is typically held at the county courthouse in the evening during the week or on weekends.
Idaho uses the Income Shares model, based on the Idaho Support Guidelines which is structured to estimate the support the children would have received if the marriage had not dissolved. The state guidelines then divides the monthly child support obligation proportionally between the parents based on their incomes. Parents can agree to am amount, but the court must see it as reasonable and will us the state guidelines worksheet as a comparison before approval. To calculate support, the parents complete these forms: An Affidavit Verifying Income; A Shared or Split Custody Worksheet, used when the child spends 25 percent of the overnights with one parent, or when couple has more than one child and each parent has physical custody of at least one child; and A Standard Custody Child Support Worksheet
The Certificate of Divorce or Annulment (IDHW form) must be obtained from the Court Clerk or the court assistance office. This form is completed by the filing spouse prior to the divorce being finalized. The Certificate of Divorce or Annulment records the divorce for the Bureau of Vital Record and Health Statistics, which maintains Idaho’s vital records, including divorce records filed from May 1947 to the present. Some counties may have older divorce records in their files, but county files contain only records of vital events that occurred in that county. Obtaining a copy of a Certificate of Divorce or Annulment will give you limited information regarding the divorce case, such as parties names, date of divorce, and county in which it was granted. A copy of the actual Decree of Divorce, which outlines the the terms of the divorce settlement can be found at the courthouse in which the divorce was filed and granted. The Bureau of Vital Records & Health Statistics is located at 450 West State Street, Boise, Idaho 83702.