RESIDENCY REQUIREMENTS
In order to file for divorce in the State of Idaho, the filing party must have been a resident for six
weeks.
GROUNDS
Idaho recognizes irreconcilable differences which have caused the irremediable breakdown of the marriage as
no-fault grounds for divorce. Idaho also recognizes fault grounds for divorce, including, but not limited
to: adultery, insanity, conviction of a felony, willful desertion of one of the parties, and cruel and
inhuman treatment.
CHILD CUSTODY
Custody is determined according to the best interests of the child. The court will consider many factors in
determining the best interests of the child, including: wishes of the child's parents and the child; the
bond between child and parent and siblings; and the child's adjustment to home, school, and his or her
surroundings.
Idaho presumes that a child’s best interest is served through joint legal and physical custody. Legal
custody permits a parent to have decision making power in the major decisions in a child's life. Legal
custody is not the same as physical custody, and important decisions can be made without the child
physically residing in the legal custodian’s household. Physical custody defines the child's residential
placement. It is rare in joint physical custody for the child to spend an equal amount of time with each
parent.
CHILD SUPPORT
Idaho’s child support guidelines apply in virtually every case, unless special circumstances are present.
Both parties’ gross income and certain child related expenses are taken into consideration when calculating
child support. Child support payments will continue until the child reaches eighteen years of age, extending
through the child’s high school education.
VENUE
The spouse should file for divorce in the county where the defendant, or responding party, resides. If the
defendant is out of state or if his or her address is unknown, then the divorce should be initiated in the
county where the plaintiff resides.
MEDIATION
By law parties must mediate in all domestic relations actions involving a controversy over custody or
visitation of minor children. The parties may initiate voluntary mediation at any time, before or after a
divorce action has commenced.
FILING FEES
Court filing fees are in addition to the cost of using mydivorceapplication.com. This cost may vary by county.
Please check with your local courthouse to determine the exact amount.