English
EspañolThis page has basic information on Idaho divorce laws.
- What are the residency requirements to file for divorce in Idaho?
- What are the grounds for divorce in Idaho?
- Can I get alimony?
- What are the basic steps for filing for divorce?
- Is there anything I can do if my abusive partner continually files court cases against me?
- Where can I find additional information about divorce?
What are the residency requirements to file for divorce in Idaho?
You must live in Idaho for at least six weeks before you file for divorce.1
1 I.C. § 32-701
What are the grounds for divorce in Idaho?
Grounds are the legally acceptable reasons to get divorced. Idaho has no-fault and fault-based grounds for divorce.
You can get a no-fault divorce in Idaho if you and your spouse have “irreconcilable differences.” This means that you have serious, lasting differences that caused your marriage to break down. To get a divorce based on this ground, you don’t have to prove that the divorce is your spouse’s fault. Instead, you must show the judge that either:
- there are substantial reasons to end your marriage; or
- you and your spouse have lived apart in different homes for at least five years.1
Alternatively, you can get a divorce if you can prove that your spouse was responsible (at fault) for the breakdown of your marriage for any of the following reasons:
- Adultery - Your spouse had sexual intercourse with someone else after you were married.2
- Extreme cruelty – Your spouse caused you serious physical injury or serious mental suffering.3
- Willful desertion – Your spouse left you without planning to return and stayed away for at least one year.4
- Willful neglect – Your husband refused to support you financially, even though he could, for at least one year. (Note: The law specifically uses the word “husband,” not “spouse.”)5
- Habitual intemperance - For at least one year, your spouse regularly got so drunk that s/he couldn’t engage in normal activities or his/her drinking caused you great mental suffering.6
- Conviction of a felony - Your spouse got convicted of a felony while you were married.7
- Permanent insanity - Your spouse has been confined to a psychiatric hospital (“insane asylum”) for at least three years and the judge believes s/he will never be sane again.8
1 I.C. §§ 32-610; 32-616
2 I.C. § 32-604
3 I.C. § 32-605
4 I.C. §§ 32-606; 32-609
5 I.C. §§ 32-607; 32-609
6 I.C. §§ 32-608; 32-609
7 I.C. § 32-603
8 I.C. § 32-801
Can I get alimony?
Alimony, also called “maintenance,” is the financial support that your spouse pays you or that you pay your spouse. In Idaho, if you ask for maintenance, a judge may grant it if:
- you do not have enough property, money, and assets to pay for your own reasonable needs; and
- you can’t support yourself by working.1
If the judge grants you maintenance, s/he will decide how much you should get, and for how long, after considering several factors, including:
- your financial resources, including any property you got in the divorce
- whether you can meet your financial needs on your own;
- how long it will take you to get the education and training you need to find a job;
- how long you were married;
- your age and physical and emotional condition;
- whether your spouse can meet his/her own financial needs while also paying you maintenance;
- the tax consequences of a maintenance order to each spouse; and
- whether either spouse was at fault for the divorce.2
Once the judge orders maintenance, you can only ask to change the order if there is a major (“substantial and material”) change in circumstances that requires adjusting the order. If the judge agrees to change it, the change will only apply to future payments.3
1 I.C. § 32-705(1)
2 I.C. § 32-705(2)
3 I.C. § 32-709(1)
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- Meet the residency requirements of the state where you wish to file. To see Idaho’s residency requirements, go to What are the residency requirements to file for divorce in Idaho?
- Have a legally acceptable reason (“grounds”) to end your marriage. To see what the legally acceptable reasons to get divorced in Idaho are, go to What are the grounds for divorce in Idaho?
- File divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and serving your spouse with notice of the case, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
- If your spouse disagrees with anything in your divorce papers, s/he can file papers telling his/her side. This is called “contesting the divorce.” If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort out the issues. On the other hand, if your spouse agrees with everything, this is called an “uncontested divorce.” Your spouse should then sign the papers and send them back to you or the court. However, if your spouse fails to sign the papers or file an answer or other response within the time the law requires, you may still be able to proceed with an uncontested divorce. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
In a divorce case, you can also address the following issues, if they are relevant to your situation:
- child custody and co-parenting;
- dividing up property, money, and debts; and
- spousal and child support.
You and your spouse may resolve these issues in an out-of-court settlement or through court hearings.
Is there anything I can do if my abusive partner continually files court cases against me?
If the abuser is self-represented (“pro se”) and keeps filing civil court cases against you to harass or harm (“maliciously injure”) you, this is known as “vexatious litigation.” An administrative judge can take steps to stop it by making a “pre-filing order.” This kind of order requires the abuser to get the judge’s permission before s/he can file any new court papers without a lawyer. To ask for a pre-filing order, you would make a motion to the district court judge or magistrate judge handling your case.1
The judge can make a pre-filing order against the abuser if any of the following has happened:
- The abuser filed and lost at least three civil court cases in the past seven years. (Small claims court cases do not count.)
- After losing a case, the abuser kept filing or trying to dispute the same issue, challenge the judge’s decision, or bring another case about the same issue.
- During any court case, the abuser filed multiple baseless motions, pleadings, or other legal papers, conducted unnecessary discovery, or acted in another way that had no purpose or caused delay.
- A judge in another court case already determined that the abuser was a “vexatious litigant.”2
Note: This law is only about pro se petitioners representing themselves without lawyers. It does not seem to address a situation where the abuser files many cases against you through a lawyer but, if this happens to you, check with an Idaho lawyer to see if the law might still apply.
In addition, there is a special law about divorce and custody cases. If the abuser files to change (modify) your divorce or custody order with no legal basis, just to harass you, this is known as a “vexatious petition.” If you have to go back to court to fight it, you can ask the judge to order the abuser to pay your legal fees and costs.3
1 ID R ADMIN Rule 59(a)(1), (b), (c)
2 ID R ADMIN Rule 59(d)
3 I.C. § 32-718
Where can I find additional information about divorce?
The State of Idaho Judicial Branch provides the following resources:
- court forms that you may need if you wish to get a divorce;
- a pamphlet on divorce, property, and debt, which includes information on spousal support; and
- a pamphlet that discusses annulment proceedings in Idaho.
Idaho Legal Aid Services has a glossary of legal terms commonly used in divorce cases.
WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.
You can also learn more about getting divorced in the following WomensLaw.org sections:
- Divorce: Get general, not state-specific, information about how divorce works if you have children. Learn about the risks of taking your children out of state during a divorce case.
- Videos: Watch brief videos about divorce in Spanish with English subtitles.
- Preparing for Court – By Yourself: Learn what to expect in court if you don’t have a lawyer.
