Idaho Divorce Questions

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While applying for divorce in Idaho State, there would be several queries that will fill your mind. You would like to get answers to legal matters related to divorce, before you actually file it. Each state has its own legal laws and you need to be aware about them. You would like to know details about the waiting period for divorce procedures in this state, the basic terms in the divorce case, where to file the divorce case, the acceptability of common laws and no fault laws, residency requirements for filing divorce, the grounds on which the divorce can be filed etc. Here we have provided a list of important Idaho divorce questions that would prove helpful to you, if you are filing a divorce.

Some examples of Idaho divorce questions are as follows:

Does this state specify any waiting period in a divorce procedure?

A. After the divorce action has been initiated and the service of process is complete, a compulsory waiting period of 20 days has been stipulated. On completion of this waiting period, the divorce might be granted.

Q. What are the basic terms in an Idaho divorce case?

A. The person who files the action is named as the Plaintiff. The spouse of the Plaintiff is called as the Defendant. The Complaint for Divorce is the document that is used to commence a divorce procedure. The Decree of Divorce is used to grant the divorce.

Q. How to select the correct place to file a divorce case?

A. In this state, the District Court is the precise place, where the divorce case must be filed. If the Defendant lives in this state, the divorce action must be filed in the county in which the Defendant stays. Else, if the Defendant resides outside this state, then the county wherein the Plaintiff lives is the apt place to file the divorce action.

Q. What is the acceptability of no fault laws and common laws in this state?

A. In Idaho, it is possible to file on fault as well as no fault grounds. However, it has been observed that no fault divorces are over in a shorter span of time. Common laws are not legally recognized in this state.

Q. Is it possible that for the intention of saving some money, the divorcing partners hire the same divorce attorney?

A. If the divorcing partners desire to prepare the divorce papers for both using the services of the same divorce lawyer, it is quite possible to do so. However, it is not permitted that a single divorce lawyer may represent both the partners.

Q. Prior to filing for divorce in this state, are there any residency requirements for this state?

A. It is required that the Plaintiff must be residing in this state for minimum 6 complete weeks immediately before the divorce action has been filed.

Q. On what grounds can a person file for a divorce in this state?


  • Irreconcilable differences
  • Living apart and separate in the absence of cohabitation for 5 years
  • Permanent insanity
  • Conviction of a felony
  • Habitual intemperance
  • Willful neglect
  • Willful desertion
  • Extreme cruelty
  • Adultery

Q. Which type of custody is in the best interests of the child as per Idaho statutes?

A. Joint Custody.

Q. Is the filing fee same or different in the different counties in this state?

A. Different.

Q. If the Defendant resides outside Idaho, how does it affect the divorce case?

A. In this state, there is no law that demands that the Defendant should stay in Idaho. However, if the Defendant stays outside this state, the case becomes more complex. The reason is that the service of divorce papers requires more paperwork and time. Moreover, as the two spouses are separated by considerable distance, the expenditure in the divorce case increases.

The Idaho divorce questions and their answers provided above will help you to understand the divorce process in Idaho. Once you have clear understanding of the legal divorce procedures followed in Idaho, getting a divorce would not be a tedious process. There are several basic things that you are unaware about while filing a divorce such as where exactly to file for divorce. The answer to this question is simple; you apply for divorce in the county where the Defendant stays, if the Defendant stays in Idaho and in case the Defendant does not reside in Idaho, then the divorce should be filed in the state where the Plaintiff resides. The answers provided above will help to clarify several doubts about divorce filing and proceedings in Idaho.

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