Whatever specific way it makes sense to proceed in your case, a divorce must follow certain guidelines in order to meet Idaho law.
Grounds for Divorce in Idaho
Grounds you can use for divorce are described within the Idaho Statues. In Section 32-603 (Chapter 6 of Title 32), “Causes for Divorce,” causes or grounds listed are as follows:
- Irreconcilable differences (no fault)
- Extreme cruelty
- Adultery
- Willful neglect
- Willful desertion
- Permanent insanity
- Felony conviction
- Habitual intemperance (i.e., drug or alcohol abuse).
Cost to File for Divorce
The filing fee is more than $200, unfortunately. Those with low income can apply to have the fee waived.
When filing a claim, many people consider it in their best interest to hire an attorney. While a divorce can feel stressful enough without having to involve additional appointments, a divorce lawyer can help you protect your rights. For instance, they can help you understand whatever shared asset or property rights you might be forfeiting through the divorce.
Waiting Period for a Divorce
When people have children, a divorce decree is often put on hold for 90 days. However, you can sometimes get it as soon as 20 days after filing.
It is typical for people to file “no fault” claims simply because those cases are relatively speedy. The case must be held for a year if it is a fault claim on grounds of habitual alcoholism, willful neglect, or willful desertion.
Determination of Fault
There are two broad categories of divorce:
- “No fault” divorce – “Irreconcilable differences” is the grounds for a “no fault” divorce in Idaho. It is also considered a “no fault” action if the spouses have been living at different locations for five years or more.
- Fault-based divorce – All the causes of divorce listed in the “Grounds” section above are fault-based grounds, with the exception of irreconcilable differences.
Denial of divorce
Defenses that can be used in divorce filing are the following, as indicated by Idaho Statutes Section 32-611, “Denial of Divorce”:
- Recrimination – Equal fault of both spouses
- Condonation – Forgiving the poor marital behaviors of the spouse
- Collusion – Working together to fabricate fault for a divorce
- Lapse of time and limitation – Unreasonable lapses of time.
Divorce law within the Idaho Statutes
Divorce law is discussed within three sections of Idaho Code Title 32:
- Divorce – Grounds and Defenses: Chapter 6; Section 32-601, et seq.
- Divorce Actions: Chapter 7; Section 32-701, et seq.
- Divorces for Insanity: Chapter 8; Section 32-801, et seq.