Idaho

Divorce Residency Requirements To Get Divorce In Idaho

To file for divorce in the state of Idaho, the filing party must have been a resident of the state for at least six weeks. This is the case, whether you are utilizing a do-it-yourself divorce program or if you decide to file with a divorce lawyer in the court system.

Reasons For Divorce In Idaho

Idaho recognizes your irreconcilable differences in causing irremediable breakdown of marriage as the no-fault grounds for divorce. There are also at-fault grounds for divorce including, but not limited to: insanity, conviction of a felony, willful insertion, cruel and inhumane treatment, and adultery. Establishing grounds can be done as you fill out your divorce documents utilizing the questionnaire on Divorce.com.

Custody Of The Children In Idaho

Child custody is determined based on what is in the best interest of the child or children involved. The court considers a number of factors to determine what would be in the best interest of the child. These factors include: wishes of the child, the bond between the child’s parents and siblings, wishes of the parents, and the child's adjustment to home, school and his or her surroundings.

The court assumes that a child’s best interest would be served through joint legal custody. Legal custody permits a parent to have decision making power regarding major decisions in a child’s life. Legal custody is not the same as physical custody, and legal custody does not mean that a parent will have 50-50 access to the child.

Idaho Child Support Guidelines

In Idaho, child support guidelines set by the state will apply in virtually every case. Both parents' gross income and certain child related expenses will be taken into consideration when calculating child support. Child support payments shall continue until the child reaches 18 years of age, and will extend through the child's high school education, if that is beyond the 18th birthday.

Venue

Divorce should be filed in the county where the defendant or responding party has an established residence. If the defendant lives out of state or his or her address is unknown, then the divorce should be initiated in the county where the plaintiff resides.

Divorce Mediation

By law, parties shall mediate all child-related issues in a court-appointed mediation environment. The parties may also initiate voluntary mediation at any time before or after divorce action has commenced, whether using a DIY divorce service or filing with lawyers in a court.