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.

GroundType
Irreconcilable DifferencesNo-Fault
AdulteryFault
Extreme crueltyFault
Habitual intemperanceFault
Felony convictionFault
NeglectFault

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 Requirement6 weeks
Filing Fee$155–$220
Waiting Period20 days
No-Fault AvailableYes
Fault Grounds AvailableYes (5 grounds)
Child Support ModelIncome Shares
Governing StatuteIdaho Code §32-603

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Frequently Asked Questions

How long do you have to live in Idaho to file for divorce?
Idaho requires 6 weeks of residency before you can file for divorce. Idaho Code §32-603 governs the filing requirements.
Is Idaho a community property or equitable distribution state?
Idaho follows community property rules, meaning marital assets are generally split 50/50.
How much does a divorce cost in Idaho?
Filing fees in Idaho range from $155–$220. The median total cost is approximately $7,000 for uncontested divorces and $28,000 for contested cases.
How long does a divorce take in Idaho?
Idaho has a mandatory waiting period of 20 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Idaho?
Idaho uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.
Can I file for divorce on fault grounds in Idaho?
Yes. Idaho allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Extreme cruelty, Habitual intemperance, Felony conviction, Neglect.
How many divorces happen in Idaho each year?
Idaho processes approximately 7,500+ divorces annually, making it important to understand your state's specific rules and formulas.
What should I do first if I'm considering divorce in Idaho?
Start by understanding the three core issues — property division, support/alimony, and custody. Use our free tools to calculate your costs, analyze your situation, and understand your state's specific formulas before spending money on attorney consultations.

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This 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.