Divorce Laws in Idaho: Complete 2026 Guide

Idaho recognizes both no-fault and fault-based grounds for divorce under Idaho Code §32-603. The no-fault ground of 'irreconcilable differences' is by far the most commonly used basis for divorce in the state. Under Idaho Code §32-610, irreconcilable differences are defined as grounds determined by the court to be substantial reasons for not continuing the marriage. Additionally, living separate and apart for five or more years without cohabitation constitutes a separate no-fault ground under Idaho Code §32-610. Fault-based grounds available under Idaho Code §32-603 include: (1) adultery (§32-604); (2) extreme cruelty (§32-605); (3) willful desertion for one year (§32-606); (4) willful neglect to provide the common necessities of life (§32-607); (5) habitual intemperance or drunkenness (§32-608); (6) conviction of a felony (§32-603(6)); and (7) permanent insanity, as provided in Idaho Code §§32-801 through 32-805. If a spouse alleges a fault-based ground, they must present evidence proving that misconduct at some point during the proceedings. Most Idaho family law attorneys recommend filing on no-fault grounds unless there are compelling strategic reasons to pursue a fault-based divorce. Fault-based divorces typically take longer, cost more, and require the filing spouse to meet a higher burden of proof. However, fault may still be relevant even in a no-fault case because Idaho courts can consider marital misconduct when determining spousal maintenance awards. Choosing the appropriate ground is an important early decision that can significantly affect the cost, timeline, and emotional toll of the divorce process. It is worth noting that Idaho does not require a period of separation before filing for divorce. Spouses may continue living in the same residence up until and even after the petition is filed. The court does not require couples to prove that reconciliation is impossible, though the judge may order a reconciliation conference during the 21-day waiting period.

Under Idaho Code §32-701, the filing spouse (plaintiff) must have been a resident of the state of Idaho for at least six full weeks immediately preceding the commencement of the divorce action. This is one of the shortest residency requirements of any state in the nation. The statute does not require the filing spouse to have an Idaho driver's license or other specific documentation — actual physical residence in the state for the required period is sufficient. Idaho law requires that the divorce petition be filed in the district court of the county where the defendant spouse resides. If the defendant spouse lives outside of Idaho but the plaintiff meets the six-week residency requirement, the plaintiff may file in any Idaho county that is convenient (Idaho Code §5-404). There is no separate county residency requirement — only the six-week statewide residency period applies. Military personnel stationed in Idaho may be able to establish residency for divorce purposes even if they are not permanent Idaho residents, depending on their specific circumstances and stated intent to remain. Active duty personnel are not required to change their state of residency to Idaho in order to file. Because jurisdictional issues can be complex when one or both spouses are in the military or live out of state, consulting with an Idaho family law attorney is strongly recommended in those situations. The six-week clock begins running from the date the filing spouse actually establishes residence in Idaho — not from the date they announce an intention to move. If the residency requirement is not met at the time of filing, the court lacks jurisdiction to grant the divorce, and the case may be dismissed.

Idaho is a community property state, which means that most property acquired during the marriage by either spouse is considered jointly owned, regardless of whose name appears on the title or whose income was used to purchase it (Idaho Code §32-906). Community property includes wages, salaries, and any assets purchased with those earnings during the marriage. Debts incurred during the marriage are also generally classified as community obligations. Separate property — which is not subject to division — includes property owned by either spouse before the marriage, property acquired during the marriage by gift, bequest, devise, or descent, and property acquired with the proceeds of separate property (Idaho Code §32-903). However, if separate property is commingled with community property (for example, depositing an inheritance into a joint account), it may lose its separate character and become subject to division. Under Idaho Code §32-712, community property must be divided by the court in proportions it deems just. The statute creates a strong presumption of substantially equal division in value, considering both assets and debts. However, the court may deviate from an equal split if compelling reasons exist, considering factors such as: the duration of the marriage; any prenuptial agreement; the age, health, occupation, income, vocational skills, and employability of each spouse; and the present and potential earning capacity of each party. The marital home receives special treatment under Idaho law. If a homestead has been selected from community property, it may be assigned to either party absolutely (with credit given in the overall property division), assigned for a limited period, or sold with proceeds divided. The court has broad discretion in fashioning an equitable property division, and parties are encouraged to negotiate their own settlement agreements rather than leaving the decision entirely to the judge.

Spousal maintenance (Idaho's term for alimony) is governed by Idaho Code §32-705. Unlike some states, maintenance is not automatically awarded in Idaho divorces. The requesting spouse must satisfy a two-part eligibility test: (1) they must lack sufficient property, including marital property apportioned to them, to provide for their reasonable needs; AND (2) they must be unable to support themselves through employment. Both conditions must be met before the court will consider an award. If the eligibility threshold is met, Idaho Code §32-705(2) directs the court to consider all relevant factors in determining the amount and duration of maintenance, including: (a) the financial resources of the spouse seeking maintenance, including marital property awarded in the divorce; (b) the time necessary to acquire sufficient education or training to find appropriate employment; (c) the duration of the marriage; (d) the age and physical and emotional condition of the spouse seeking maintenance; (e) the ability of the paying spouse to meet their own needs while meeting those of the requesting spouse; and (f) the fault of either party in the marriage. Notably, even in no-fault divorces, the court may consider marital misconduct — such as adultery — when deciding maintenance. Idaho courts may award temporary maintenance during the pendency of the divorce (Idaho Code §32-704), rehabilitative or fixed-duration maintenance designed to help a spouse become self-sufficient, or long-term/permanent maintenance in cases where a spouse cannot achieve financial independence due to age, health, or other permanent factors. There is no statutory formula for calculating the amount of maintenance — the court exercises broad discretion based on the specific facts of each case. Maintenance orders may be modified upon a showing of a substantial and material change in circumstances since the last order (Idaho Code §32-709). However, if the parties agreed in writing that maintenance would be non-modifiable, the court will not entertain modification requests. Unless the spouses agree otherwise, all maintenance payments must be processed through the Idaho Department of Health and Welfare (Idaho Code §32-710A). Under current federal tax law for divorces finalized after December 31, 2018, alimony payments are neither deductible by the payer nor taxable to the recipient.

Idaho courts determine child custody based on the 'best interests of the child' standard set forth in Idaho Code §32-717. The court may award legal custody (decision-making authority regarding health, education, and welfare), physical custody (where the child primarily resides), or both. Idaho law recognizes both sole and joint custody arrangements, and there is a statutory presumption under Idaho Code §32-717B(4) that joint custody is in the best interests of the child, absent evidence to the contrary. When evaluating the best interests of the child, Idaho Code §32-717(1) directs courts to consider all relevant factors, which may include: (a) the wishes of the parents; (b) the wishes of the child; (c) the interaction and interrelationship of the child with parents and siblings; (d) the child's adjustment to home, school, and community; (e) the character and circumstances of all individuals involved; (f) the need to promote continuity and stability in the child's life; and (g) any history of domestic violence as defined in Idaho Code §39-6303, whether or not in the presence of the child. If the court declines to award joint custody, it must state in its decision the specific reasons for denying joint custody (Idaho Code §32-717B(1)). There is a rebuttable presumption that joint custody is NOT in the child's best interest if one parent is found to be a habitual perpetrator of domestic violence (Idaho Code §32-717B(5)). Idaho courts do not favor one parent over the other based on gender. Parents with minor children going through a divorce in Idaho are typically required to attend a 'Focus on the Children' class, which costs approximately $30–$35. The court may also appoint a parenting coordinator under Idaho Code §32-717D to help parents resolve ongoing disputes about custody and parenting time. If allegations of child abuse or sexual abuse arise during divorce proceedings, the court must order an investigation by the Idaho Department of Health and Welfare.

To initiate a divorce in Idaho, the filing spouse (petitioner) must prepare and file a Petition for Divorce (also called a Complaint for Divorce) with the Clerk of the District Court in the appropriate county. The petition should state the grounds for divorce, identify any minor children, and outline the relief sought regarding property division, custody, and support. The Idaho Court Assistance Office (courtselfhelp.idaho.gov) provides free guided questionnaires and downloadable form packets for both divorces with and without minor children. After filing, the petitioner must pay the court filing fee, which is approximately $207 for cases without minor children and approximately $242 for cases involving children (additional fees may apply for the Focus on the Children class). The respondent's filing fee if they choose to file a response is approximately $136. If the petitioner cannot afford the filing fee, they may request a waiver by filing a Motion and Affidavit for Fee Waiver. The court will evaluate the petitioner's financial situation and grant or deny the request. Once the petition is filed, the respondent must be formally served with copies of the filed documents. Service can be accomplished by personal delivery through the county sheriff, a private process server, or any person over 18 who is not a party to the case. Alternatively, if the respondent is cooperative, they may sign an Acknowledgment of Service form, which eliminates the need for formal service. If the respondent cannot be located, the court may authorize service by publication. After service, the respondent typically has 21 days to file a response. Both parties must exchange financial disclosures — including an Inventory of Property and Debts — within 35 days of the response being filed, unless the case is resolved by default or stipulation within that time. If the spouses agree on all issues, they can finalize the divorce by signing a Sworn Stipulation for Entry of Decree. If the respondent does not file a response within the allowed time, the petitioner can seek a default judgment. Contested cases that cannot be settled through negotiation or mediation will proceed to trial before a judge. Divorce cases in Idaho are handled by the state District Courts, which serve as the courts of general jurisdiction. Idaho is divided into seven judicial districts, and each district encompasses multiple counties. Divorce petitions must be filed with the Clerk of the District Court in the county where the respondent spouse resides, or in any convenient county if the respondent lives outside Idaho (Idaho Code §5-404). Within the District Court system, family law matters including divorce, child custody, child support, and spousal maintenance may be heard by either a District Judge or a Magistrate Judge. In many counties, Magistrate Judges handle the majority of family law cases, including uncontested divorces and initial proceedings in contested cases. More complex contested matters may be assigned to or transferred to a District Judge. The specific assignment depends on the local administrative rules of each judicial district. Appeals from Magistrate Judge decisions in family law cases go first to the District Court for de novo review, and further appeals proceed to the Idaho Supreme Court or the Idaho Court of Appeals. Idaho does not have a separate family court system — all domestic relations matters are handled within the existing District Court framework. Each judicial district maintains a Court Assistance Office that provides self-help resources, forms, and procedural guidance to self-represented litigants, though court staff cannot provide legal advice.

Idaho imposes a mandatory 21-day waiting period for all divorce cases under Idaho Code §32-704. No hearing on the grounds for divorce may be held, and no final decree may be entered, until at least 21 days after the commencement of the action and service of process on the respondent. This waiting period applies to all divorces — both contested and uncontested — and cannot be waived or shortened, even if both spouses agree and wish to proceed more quickly. The 21-day period begins running on the date the respondent spouse is properly served with the divorce papers or files their response, whichever occurs first. The 21 days are counted as calendar days, not business days. During this waiting period, the court may, upon application of either party, require a reconciliation conference to determine whether the marriage can be saved. It is important to distinguish the waiting period from the overall timeline for completing a divorce. While the minimum possible time from filing to final decree is approximately 21 days plus processing time, most uncontested divorces in Idaho take approximately 30 to 60 days to complete. Contested divorces that require resolution of disputes over property, custody, or support may take six months to two years or longer, depending on the complexity of the issues involved. Idaho does not require a mandatory separation period before filing for divorce. Unlike some states that require spouses to live apart for a specified period, Idaho allows a divorce petition to be filed while the spouses are still living under the same roof. The only time-related prerequisite is the six-week residency requirement for the filing spouse.