Idaho State Laws
Updated for 2026
Idaho Divorce Laws
Your complete guide to divorce in Idaho. As a community property state with one of the shortest residency requirements (6 weeks).
Understanding Idaho Divorce Law
Community Property
Idaho is one of 9 community property states. Assets acquired during marriage are presumed equally owned.
50/50 DivisionGrounds for Divorce
No-Fault: Irreconcilable differences
Fault: Adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction, permanent insanity
Fault or No-FaultChild Custody
Courts consider the best interests of the child. Joint custody is encouraged when appropriate.
Best InterestsChild Support
Idaho uses the Income Shares Model.
Income Shares ModelChild Custody Factors
1
Wishes of parents and child
2
Relationship with parents and siblings
3
Adjustment to home, school, community
4
Mental and physical health of all parties
5
Need for continuity and stability
6
History of domestic violence
7
Substance abuse by either parent
Spousal Maintenance
Temporary Maintenance
Support during proceedings
Rehabilitative Maintenance
Support for becoming self-sufficient
Permanent Maintenance
Long-term support for lengthy marriages
Key Statutes
Idaho Code 32-603
Grounds for Divorce
Lists all grounds including irreconcilable differences
Idaho Code 32-712
Community Property
Equal division of community property
Idaho Code 32-717
Child Custody
Best interests of child factors
Idaho Code 32-706
Child Support
Child support guidelines
Recent Changes
2024
Custody Mediation
Idaho expanded mandatory mediation requirements for contested custody cases.
2023
Child Support Update
Updated child support guidelines with new income considerations.
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