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Divorce Law
Idaho permits both fault and no fault divorces based on irreconcilable differences or living separate and apart. It is a community property state. You must live in Idaho 6 weeks before seeking to obtain a divorce.
 


Marriage and Living Together Law

Idaho Marriage License Law

 

 

Child Support
Child Support Explained

Child Custody and Visitation Law
FAQ on Child Custody and Visitation
Child Custody Resources
Joint or sole child custody may be awarded according to the best interests of the child, and based on the following factors: (1) the preference of the child; (2) the wishes of the parents; (3) the mental and physical health of all individuals involved; (4) the relationship of the child with parents, siblings, and other significant family members; (5) the child's adjustment to his or her home, school, and community; (6) a need to promote continuity and stability in the life of the child; and (7) domestic violence, whether or not in the presence of the child.


Property Division
Idaho is a "community property" state. Each spouse's separate property consists of (1) all property acquired prior to the marriage; (2) property acquired by gift either before or during the marriage;
and (3) property acquired by individual gift before or during the marriage. The court will divide all other property (the community property) of the spouses in a substantially equal manner, unless there are compelling reasons to provide otherwise. The court will consider the following factors: (1) any marital misconduct, (2) the length of the marriage; (3) the age and health of the spouses; (4) the occupation of the spouses; (5) the amount and sources of income of the spouses; (6) the vocational skills of the spouses; (7) the employability of the spouses; (8) any premarital agreement; (9) the present and potential earning capability of each spouse; (10) any retirement benefits, including social security, civil service, military and railroad retirement benefits; (11) the liabilities of the spouses; (12) the needs of the spouses; and (13) whether the property award is in stead of or in addition to maintenance. [Idaho Code; Title 32, Chapters 712 and 903].
 

 

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Date this web site was last edited: 05/14/2007