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Idaho Divorce Law

Divorce Laws in Idaho

According to Idaho divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of irreconcilable differences. Fault grounds can include, but is not limited to, adultery, willful desertion and extreme cruelty. Additionally, the spouse filing for divorce in ID must have been a resident in the state of Idaho for six weeks prior.

Alimony & Equitable Distribution in Idaho

Idaho is known as an equitable distribution state. According to the divorce laws in Idaho this means that the marital property must be divided equally. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Maintenance can be awarded to either the husband or wife according to Idaho divorce laws, when either spouse is unable to reasonably provide for him/herself. Such factors as the length of the marriage and the prior standard of living shall be considered in determining the amount and duration to be paid.

Idaho Child Support, Child Visitation and Child Custody

The main focus in determining child custody, according to Idaho divorce law, is the best interest of the children. However, under ID divorce laws the assumption is that joint custody is the best custody. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Income Shares model, based on gross income as set forth by divorce law in Idaho.

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