Courts and Community Resources
Lawyers and
Divorce
Mediation
Glossary of Family
Law Terms
Idaho State Judiciary
Idaho
State Bar Association
Idaho State Law
Library
State
Statutory Resources
Idaho Statutes - Includes Search Feature
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
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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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