Idaho Divorce Laws

Idaho divorce laws for people considering an Idaho divorce or filing an Idaho divorce with issues to be resolved about child custody, child support, visitation and alimony.  Idaho statutes can be viewed at  http://www3.state.id.us. Statutes cover but are not limited to the following subjects:

•Divorce Definitions

•Divorce Residency Requirements

•Grounds for Divorce

•Uncontested Divorce

•Simplified Divorce Process

•Military Divorce Laws

•Child Custody

•Child Support Considerations

•Child Support Definitions

•Child Support Guidelines

•Spousal Support, Maintenance, and Alimony guidelines

•Property Division Considerations

•Grandparents’ Rights

Idaho Divorce Definitions

These definitions will help you understand some unique characteristics to the Idaho Divorce laws, process and paperwork which is filed with the court.

Filing Party Title: Plaintiff -The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title: Defendant -The spouse who does not initiate the Divorce with the court.

Court Name: In the District Court of the __________ Judicial District of the State of Idaho, in and for the County of __________. The proper name of the court in which a Divorce is filed in the state of Idaho. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:
http://www2.state.id.us/dhw/childsupport/index.htm -The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction: In Re the Marriage of: -The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document: Complaint for Divorce -The title and name of the legal document that will initiate the Idaho Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document: Decree of Divorce - The title and name of the legal document that will finalize the Idaho Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name: District Clerk’s Office -The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation: There is no legal provision in Idaho for legal court-ordered separation. However, the spouses may live separate and apart. [Idaho Code; Title 32, Chapter 610].

Property Distribution: Community Property -The applicable Idaho law that will dictate how property and debt is to be divided upon Divorce.

Idaho Divorce Resources -

Idaho Specific Divorce Overview

Idaho Specific Divorce Articles -

Idaho Specific Divorce Documents -

Idaho Specific Divorce Professionals -