Idaho Ground Rules

The spouse filing for divorce must have been a resident of Idaho for six full weeks immediately prior to filing for divorce.  There are both “Fault” and “No-Fault” grounds for divorce in Idaho. They are:

No-Fault

• Irreconcilable differences;
• living separate and apart without cohabitation for a period of five years.

Fault

• Adultery;
• permanent insanity;
• conviction of a felony;
• willful desertion;
• extreme cruelty;
• willful neglect;
• habitual intemperance (drunkenness).

There is no legal provision in Idaho divorce law for legal court-ordered separation.

There is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses, in Idaho divorce law. During this period, either spouse may ask for a meeting to see if there is any real chance for reconciliation. If there is a chance, and there are minor children of the marriage, the court can delay the proceedings for up to 90 days while the couple attempts to reconcile.

Annulment

In Idaho divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to a divorce attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.

Documentation

You’ll need to provide your divorce lawyer with the following documentation in order to proceed with your dissolution. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

• Full addresses and phone numbers of both parties.
• Full names, birth dates, and addresses of all children of the marriage, their school and grade.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g. a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS.
• Information about your current income, e.g. a current pay slip.
• A list of substantial assets and liabilities of both spouses.