Grounds for Divorce in Idaho: No-Fault, Fault and Separation Requirements

By the FigureMyTax Editorial Team · How we calculate

Idaho lists eight causes for divorce, led for most spouses by irreconcilable differences, which needs no separation period. Fault is a factor in maintenance but is not a factor in child support, and the statutes name no separation period for the usual cause.

What are the grounds for divorce in Idaho?

Eight causes (Idaho Code 32-603), plus a separate ground for five years or more apart (32-610).

Is Idaho a no-fault state?

It has a no-fault cause, irreconcilable differences, and it keeps fault causes. Irreconcilable differences needs no proof of wrongdoing, which is why it is the one most spouses use.

Is there a separation requirement in Idaho?

Not for irreconcilable differences. The five-year ground requires continuous living separate and apart without cohabitation, and is granted on proof of the separation (32-610). Use the Idaho divorce timeline calculator to see the five-year date.

Does fault matter to maintenance in Idaho?

Yes. The maintenance factors include the fault of either party, along with the financial resources of the spouse seeking maintenance, the time needed for education or training, the duration of the marriage, age and condition, the other spouse’s ability to pay and tax consequences (32-705(2)). See the Idaho alimony calculator.

Does fault matter to property and child support in Idaho?

Child support is ordered without regard to marital misconduct (32-706(1)). The community property statute lists duration, age, health, income, needs, maintenance, earning capability and retirement benefits as factors, and fault is not among them (32-712). See the Idaho property division calculator.

Does fault matter to the children in Idaho?

Domestic violence, as defined in the domestic violence statute, whether or not in the child’s presence, is one of the best-interest factors, and a habitual perpetrator of domestic violence is presumed unsuitable for joint custody (32-717(1)(g); 32-717B(5)). See the Idaho parenting time calculator.

Do antenuptial agreements matter in an Idaho divorce?

Yes. An antenuptial agreement of the parties is a factor in whether the community property is divided equally, but the court has no authority to amend or rescind any such agreement (32-712(1)(b)(2)).

Can the five-year ground be used if my spouse objects in Idaho?

The statute says the divorce shall be granted on proof of the continuous living separate and apart without cohabitation during the five years or more, so an objection does not stop it if the facts are proved (32-610).

Can fault be used to reduce child support in Idaho?

No. In a divorce or child support proceeding the court orders support without regard to marital misconduct, after considering the child’s resources, each parent’s resources, needs and obligations, the child’s standard of living, the child’s condition and educational needs, medical coverage and the tax benefit of the dependency exemption (32-706(1)).

Do the grounds change the timeline in Idaho?

The residence rule applies to every ground. The five-year ground adds a long period of separation; the others do not.

Frequently asked questions

Official sources

• Idaho Code 32-701: residence required by plaintiff
• Idaho Code 32-603: causes for divorce
• Idaho Code 32-610: separation without cohabitation
• Idaho Code 32-704: support money, court costs and attorney fees
• Idaho Code 32-717: custody of children; best interest
• Idaho Code 32-712: community property and homestead; disposition
• Idaho Code 32-705: maintenance
• Idaho Code 32-706: child support
• Idaho Code 32-717B: joint custody

This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.