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Laws & Courts:
Idaho Law - title 32 "Domestic Relations", Chapters 5 through 13. Idaho Judicial Branch - court rules, judicial news, and District Court information are available.
Idaho Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Idaho's Child Support Guidelines - information on child support statutes including modifications, income determination and a support rate schedule.
Additional Resources:
Judicial / Legal Page - various legal links from the State of Idaho. ISB Homepage - online discussion group, consumer information pamphlets, and judicial news and information are offered by the Idaho State Bar and Idaho Law Foundation, Inc. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status.
Legal overview Divorce in Idaho requires that you have been resident for at least 6 weeks. There are many grounds upon which to obtain a divorce in Idaho, but almost all divorces are brought based on a theory of divorce known as "no-fault". Read our detailed legal summary of Idaho including grounds, residency, child custody, child support, alimony, property, settlement agreements, mediation, and premarital agreements.
Residency
The spouse who seeks to file for divorce must have lived in Idaho for 6 weeks prior to filing for the divorce. If a spouse meets those requirements, he or she must file for divorce in the county where the other spouse lives, or if the other spouse is not a resident of Idaho, the person filing must file in the county where he or she resides.
Grounds
In Idaho there are nine grounds for divorce. One ground is "irreconcilable differences" (sometimes referred to as the "no-fault" ground). Another ground is if the spouses have been living separated and apart without cohabitation for a period of five years. The other seven grounds for divorce are "fault" grounds. To obtain a divorce on this basis (irreconcilable differences), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary to show that there was any fault or wrongdoing by either party.
To obtain a divorce on one of the seven "fault" grounds, one must prove that there was some wrongdoing by one of the parties to the marriage. As an example, one fault ground is adultery. Adultery includes heterosexual and homosexual relations between one spouse and another individual. Another "fault" ground for divorce is willful neglect. Other "fault" grounds include mental or physical cruel treatment, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction, and mental illness.
Property
Idaho is a community property state. The courts will, to the extent practicable, divide the "community property" equally. In rare and exceptional instances, the court may find compelling reasons to divide the property unequally. If it makes an unequal division, the court must support its decision with written reasons. Under some circumstances, the court may trace back to one party separate property invested in community property, or vice versa. If there was a written agreement controlling certain property, the court can choose to abide by the agreement. If the court feels that one party is in need of more support that the other, it may award that party a higher share of the marital property.
Alimony
Alimony may be awarded to either spouse for their support and maintenance after the divorce. It is generally based on the financial circumstances of the divorcing spouses. To help determine the amount for alimony it is important to look at the standard of living prior to the divorce. Furthermore, the court will look to the amount of money necessary to help raise the children. There are a few different forms of alimony. The first is temporary maintenance, which is paid from one spouse to the other during the trial or proceedings and before the divorce is finalized. Rehabilitative maintenance, is where one spouse (usually from a short marriage) pays for the other to complete an education or a program that will help the other spouse be able to earn their own living. And lastly, permanent maintenance, where the court describes an amount that one spouse should pay to the other for either a specified period of time, or an open-ended period of time.
In the determination of alimony fault does play a role. However, only the fault of the party seeking maintenance will be considered, not the party who will be paying. Additionally, a conviction for murder will be considered by the courts in its determination of support. Any special needs that require financial assistance, such as a disability, will need to be considered in determining maintenance.
The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if necessary at all), is usually for a shorter period of time, and smaller amount than in the past, although alimony is for an indefinite period, meaning that it may be increased or decreased if there is a change in one of the party's circumstances.
Settlement Agreements
Marital settlement agreements are encouraged because they allow the parties to come to their own conclusions regarding the outcome of their property, and other issues relating to divorce. While it may seem difficult to work these details out with your spouse, ultimately most parties are more satisfied with an agreement then they are with a court order. Marital settlement agreements regarding only property are specifically authorized by Idaho statutory law. In order to be valid they must be in writing, entered, notarized, and authorized much like a deed. If any part of the agreement deals with real estate, the agreement must be recorded in the county recorder's office.
Mediation
After a motion for divorce is filed there is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses. During these 20 days either one of the spouses may ask the court to have a hearing to see if the marriage is truly irretrievable. If the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for up to 90 days for an attempt at reconciliation.
Child Support
Child support is the amount that the court determines should be paid from the non-custodial parent to the custodial parent to help maintain the children until they reach age 18. Child support determinations can only be altered if there has been a substantial and significant change in the circumstances relating to the children.
Child support is calculated based on the Idaho State Guidelines for determining child support, eliminating what might otherwise be the biggest 'problem area' between divorcing parents. Unless the parents reach an agreement about the amount of child support to be paid, the State Guidelines are presumed to produce an amount of support that is fair and equitable to the parents and more importantly, in the best interest of the children. There is a mandatory minimum amount of child support that is determined by official forms which are available from the County Clerk of any county.
Idaho, like all other states, has guidelines for determining the amount of child support to be paid. The percentages of net income are generally presumed to be in the child's best interest and will give you a "guide" to determining child support. Unless both parents agree to an amount other than that calculated using the guidelines, child support must based on the guidelines as a percentage of the parent who will pay the support's disposable (net) income.
Child Custody
Most parents agree about the custody, child support, and visitation issues relating to their children. Joint custody arrangements have become common place and in some states the "norm" in determining the care, custody and support of children. If the parents are unable to 'work it out', a judge will ultimately decide these issues for the parents. However, before a judge makes any final decision the parents will likely be sent to mandatory mediation to attempt to work out child custody and visitation between the two of them.
If a judge is forced to make custody decisions he or she will been to base the decision on genuine evidence, like medical opinions. The judge will also take into account history of child abuse and drug and alcohol addictions. Furthermore, the judge will consider and protective orders that have been issued to help determine what is in the best interest of the child. This is the ultimate factor that the court uses to determine the award of custody. However, the courts tend to grant joint custody, where the parents share in the decisions making process, note that this does not effect the amount of time you will spend with your children.
Premarital Agreements
Agreements that spouses entered into prior to their wedding are authorized and recognized by state law. The agreement is assumed to be valid unless it was entered into either by fraud or by trickery. It is also assumed that both parties had knowledge of what the agreement stood for. Assuming each of these requirements is met, the court will most likely honor the agreement and abide by its terms.
