Divorce in Idaho: Laws, Requirements, and Process
A complete guide to getting a divorce in Idaho. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Community property.
- Residency requirement: 6 weeks in the state.
- Waiting period: 20 days from service of petition.
- Filing fee: $200 - $250.
Grounds for Divorce
Idaho allows no-fault divorce. The no-fault ground is: Irreconcilable differences.
Fault-Based Grounds
Idaho also recognizes these fault-based grounds for divorce:
- Adultery
- Extreme cruelty
- Willful desertion
- Willful neglect
- Habitual intemperance (drunkenness)
- Conviction of a felony
- Permanent insanity
- Living separate and apart for 5 years
Residency Requirements
6 weeks in the state.
Property Division
Idaho is a community property state. Idaho is a community property state. Property acquired during the marriage is presumed to be community property and is generally divided equally. Separate property (owned before marriage or received as a gift or inheritance) remains with the owning spouse.
Alimony / Spousal Support
Idaho courts may award maintenance (alimony) when a spouse lacks sufficient property to provide for their reasonable needs and is unable to support themselves through employment. Courts consider the financial resources of the requesting spouse, the time needed for education or training, the duration of the marriage, and the age and health of the spouse seeking maintenance.
Child Custody
Idaho courts determine custody based on the best interest of the child. Factors include the wishes of the child and parents, the child's relationship with parents and siblings, the need for stability, and any history of domestic violence.
Child Support
Idaho uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, health insurance costs, and childcare expenses.
Filing Fee
The filing fee for divorce in Idaho is $200 - $250. Fee waivers may be available for those who cannot afford to pay.
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Idaho?
Idaho allows no-fault divorce based on irreconcilable differences. The state also recognizes fault-based grounds including adultery, extreme cruelty, willful desertion, neglect, habitual drunkenness, felony conviction, permanent insanity, and living apart for 5 years.
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How long do you have to live in Idaho to file for divorce?
At least one spouse must have been a resident of Idaho for at least 6 weeks before filing for divorce, making Idaho one of the states with the shortest residency requirements.
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How is property divided in an Idaho divorce?
Idaho is a community property state. Community property acquired during the marriage is generally divided equally. Separate property — assets owned before marriage, gifts, and inheritances — is not subject to division.
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How long does a divorce take in Idaho?
Idaho has a 20-day waiting period after service of the petition. Uncontested divorces can be finalized in approximately 3 to 8 weeks. Contested divorces may take several months to over a year.