Idaho Code Title 32 - Domestic Relations

A marriage in Idaho can only be dissolved by the death of one spouse or by a court decree of divorce. No other method of ending a marriage is legally recognized.

Effective: 2024

Idaho recognizes seven fault-based grounds for divorce: adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance (substance abuse), conviction of a felony, and permanent insanity. These fault grounds can affect spousal maintenance and property division outcomes.

Effective: 2024

Idaho's no-fault divorce ground. Irreconcilable differences are defined as substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved. This is the most commonly used ground for divorce in Idaho, requiring no proof of wrongdoing by either spouse.

Effective: 2024

The person filing for divorce must have been a resident of Idaho for at least six full weeks immediately before filing the case. This is one of the shortest residency requirements in the United States.

Effective: 2024

Property owned before marriage, received as a gift or inheritance, or purchased with the proceeds of separate property remains that spouse's sole and separate property. Separate property cannot be divided or awarded to the other spouse in a divorce.

Effective: 2024

All property acquired after marriage by either spouse is community property. Importantly, income from all property — including separate property — is also community property unless both spouses agree in writing to treat it as separate. Property conveyed from one spouse to the other is presumed to be the recipient's separate property.

Effective: 2024

Idaho's central property division statute. The court must divide community property in proportions it deems just from all the facts. Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts. Factors include any prenuptial agreement, the age, health, occupation, income, vocational skills, employability, and liabilities of each spouse. The homestead may be assigned to either party or sold with proceeds divided.

Effective: 2024

When granting a divorce, the court must issue an order disposing of community property and the homestead. The court may order a partition or sale of property and division of the proceeds when necessary to accomplish a fair distribution.

Effective: 2024

The disposition of community property and the homestead is subject to full review on appeal, including matters stated to be in the court's discretion. This means an appellate court can revisit all aspects of the property division, not just legal errors.

Effective: 2024

The court determines custody based on the best interests of the child, considering all relevant factors including: (a) each parent's wishes, (b) the child's wishes, (c) the child's relationship with parents and siblings, (d) adjustment to home, school, and community, (e) character and circumstances of all individuals involved, (f) the need for continuity and stability, and (g) domestic violence. A grandparent with whom the child resides in a stable relationship may have the same standing as a parent. Military service cannot be used as grounds to reduce custody or visitation.

Effective: 2024

There is a rebuttable presumption that joint custody is in the best interests of a minor child. Joint custody can include joint physical custody (child spends significant time with both parents) and joint legal custody (both parents share decision-making on health, education, and welfare). However, if a parent is found to be a habitual perpetrator of domestic violence, there is a presumption that joint custody is NOT in the child's best interests. If the court declines joint custody, it must state its reasons.

Effective: 2024

A non-custodial parent cannot be denied access to their child's medical, dental, health, school, or educational records simply because they do not have physical custody. Both parents retain the right to stay informed about their child's wellbeing.

Effective: 2024

The court may appoint a parenting coordinator to help resolve ongoing disputes between parents about parenting time and decision-making without returning to court for every disagreement. This is particularly useful in high-conflict custody situations.

Effective: 2024

The court may order either or both parents to pay child support until the child is 18, without regard to marital misconduct. If the child is still in high school past age 18, support may continue until age 19 or high school completion, whichever comes first. The Idaho Supreme Court's Child Support Guidelines create a rebuttable presumption for the amount; deviation requires evidence that the guidelines would be unjust. Courts may impute income to a voluntarily underemployed or unemployed parent. All orders include automatic income withholding.

Effective: 2024

The court may award spousal maintenance only if the requesting spouse: (a) lacks sufficient property to provide for reasonable needs, AND (b) is unable to support themselves through employment. Both conditions must be met. If eligible, the court considers each spouse's financial resources, time needed for education or training, the duration of the marriage, age and health, and the paying spouse's ability to meet their own needs. Idaho has no formula — the amount and duration are in the court's discretion. Marital fault may be considered.

Effective: 2024

Child support or spousal maintenance can be modified only for installments coming due after the modification motion is filed, and only upon showing a substantial and material change in circumstances since the last order. Past-due amounts cannot be retroactively changed. Examples of qualifying changes include job loss, significant income increase, or major changes in the child's needs.

Effective: 2024

The Idaho Supreme Court adopts and periodically reviews child support guidelines to create uniform, fair awards. If the court awards one parent the right to claim child-related tax benefits, that parent receives all applicable state and federal tax deductions, exemptions, and credits (including the child tax credit and food tax credit) unless the court order specifies otherwise.

Effective: 2024

No divorce hearing may be held and no final decree may be entered until at least 21 days after the case is filed and the other spouse is served. During this 21-day period (or anytime before final decree), either party may request a court-ordered reconciliation conference. Where minor children are involved, the court may also stay proceedings up to 90 days if it finds reconciliation attempts are practicable and in the family's best interest.

Effective: 2024

While a divorce is pending, the court may order temporary spousal maintenance, temporary child support, and temporary attorney fees. The court may also order a legal separation with provisions for custody, property, debts, and support. The court may appoint a guardian ad litem to represent a child's interests, with costs assessed against one or both parents (or the county if both are indigent).

Effective: 2024

After considering both parties' financial resources and the factors from the maintenance statute, the court may order one spouse to pay a reasonable amount for the other's attorney fees and litigation costs. This includes fees for legal services before the case was filed and after judgment. The court can order payment directly to the attorney.

Effective: 2024

If the court finds that a motion to modify custody, support, or maintenance was filed for harassment purposes, the court shall assess attorney fees and costs against the party who brought the vexatious modification. This protects against abuse of the court system through repeated frivolous filings.

Effective: 2024

Idaho's domestic violence protection order framework (in Title 39, not Title 32). Covers family members, household members, and dating partners. A victim may petition for a protection order, and the court must hold a hearing within 14 days. Available relief includes excluding the abuser from the shared home, temporary child custody, no-contact orders, and attorney fee reimbursement. Protection orders last up to one year but may be extended or made permanent. Self-defense does not bar relief.

Effective: 2024

Idaho adopted the Uniform Premarital Agreement Act. A prenuptial agreement must be in writing and signed by both parties; no additional consideration is required. Parties may agree on property rights, spousal support, and other matters, but cannot adversely affect a child's right to support. A prenup is unenforceable if it was not signed voluntarily, or if it was unconscionable and the other party was not given fair financial disclosure and did not waive that right in writing. If a prenup would make a spouse eligible for public assistance, the court may override it and require support.

Effective: 2024

When an Idaho National Guard member is called to duty or a military reservist is ordered to active federal service under Title 10 U.S.C., that military service alone cannot be used as a substantial, material, and permanent change in circumstances to reduce the service member's previously ordered custody or visitation rights. This prevents penalizing parents who serve in the military.

Effective: 2024

When allegations of child abuse arise during custody proceedings, the court may order an investigation to determine the validity of the allegations and assess the child's safety. This ensures that abuse claims are properly evaluated before custody decisions are finalized.

Effective: 2024

The court may order supervised visitation and designate approved supervised access providers when a parent's unsupervised contact with a child raises safety concerns, such as in cases involving domestic violence, substance abuse, or child abuse allegations.

Effective: 2024