Idaho Divorce Laws
Divorce Laws in Idaho (ID)
Idaho processes 7,500+ divorces annually. As a community property state, marital assets are generally split 50/50. Both no-fault and fault-based grounds are available.
Filing Fee
$155–$220
Residency Req.
6 weeks
Waiting Period
20 days
Property Type
Community
Grounds for Divorce
Idaho allows both no-fault and fault-based divorce under Idaho Code §32-603. Filing on fault grounds may affect property division or alimony in some cases.
| Ground | Type |
|---|---|
| Irreconcilable Differences | No-Fault |
| Adultery | Fault |
| Extreme cruelty | Fault |
| Habitual intemperance | Fault |
| Felony conviction | Fault |
| Neglect | Fault |
Property Division
Idaho is a community property state. This means all assets and debts acquired during the marriage are presumed to belong equally to both spouses and are typically split 50/50. Separate property — assets owned before marriage or received as gifts/inheritance — remains with the owning spouse.
The median uncontested divorce in Idaho costs approximately $7,000. Contested cases with significant property disputes average $28,000.
Child Custody
Idaho courts determine custody based on the best interest of the child standard. Courts consider the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s adjustment to home and school, and any history of domestic violence or substance abuse.
Idaho uses the Income Shares model. Both parents' incomes are combined, and a state guideline table determines the total support obligation. Each parent's share is proportional to their percentage of the combined income.
Alimony & Spousal Support
Spousal support in Idaho is determined by considering the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and each spouse’s contributions (including homemaking). Courts may award temporary, rehabilitative, durational, or permanent alimony depending on the circumstances.
Under Idaho Code §32-603, the court has broad discretion in setting the amount and duration of spousal support. Longer marriages (typically 15+ years) are more likely to result in longer-term or permanent alimony awards.
Filing Requirements & Costs
| Residency Requirement | 6 weeks |
| Filing Fee | $155–$220 |
| Waiting Period | 20 days |
| No-Fault Available | Yes |
| Fault Grounds Available | Yes (5 grounds) |
| Child Support Model | Income Shares |
| Governing Statute | Idaho Code §32-603 |
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Frequently Asked Questions
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Create Free AccountThis page provides general information about divorce laws in Idaho and is not legal advice. Laws change frequently — verify current statutes with Idaho Code §32-603 or consult a licensed Idaho attorney. Last reviewed March 2026.