Idaho Divorce Online Forms. Do it yourself divorce papers. Divorce form for No-fault Uncontested Divorce

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Idaho Uncontested Divorce Online  

Idaho
Uncontested Divorce Online

Before you start completing your uncontested divorce forms with us, please read all the requirements for Idaho divorce. Make sure that your situation matches all the requirements.

 
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Requirements for Idaho divorce
Source: Idaho Statutes, Title 32

bullet link Grounds for divorce
bullet link Residency requirements
bullet link Where to file
bullet link Maintenance
bullet link Child support
bullet link Custody of children

  GROUNDS FOR DIVORCE    

Divorces may be granted for any of the following causes:
  1. Adultery.
  2. Extreme cruelty.
  3. Willful desertion.
  4. Willful neglect.
  5. Habitual intemperance.
  6. Conviction of felony.
  7. When either the husband or wife has become permanently insane, as provided in sections 32-801 to 32-805, inclusive.
  8. Irreconcilable differences.
Willful neglect is the neglect of the husband to provide for his wife the common necessaries of life, he having the ability to do so, or it is the failure to do so by reason of idleness, profligacy or dissipation. (Idaho Statutes, Title 32, Paragraph 32-607)
 
Willful desertion, willful neglect or habitual intemperance must continue for one (1) year before either is a ground for divorce. (Idaho Statutes, Title 32, Paragraph 32-606)
 
When married persons have heretofore lived or shall hereafter live separate and apart for a period of five (5) years or more without cohabitation, either party to the marriage contract may sue for a divorce which shall be granted on proof of the continuous living separate and apart without cohabitation of the spouses during said period of five (5) years or more. (Idaho Statutes, Title 32, Paragraph 32-610)
 
bullet link  What is the difference between fault divorce and no-fault divorce?

  RESIDENCY REQUIREMENTS    

In Idaho, a Plaintiff (person petitioning for divorce) must satisfy residence requirements before the court accepts the case. The Plaintiff must have been a resident of Idaho for six (6) full weeks next preceding the commencement of the action. (Idaho Statutes, Title 32, Paragraph 32-701)

  WHERE TO FILE    

File for an Idaho divorce in the county where the defendant resides, or, if a non-resident, in the county where the plaintiff resides.

  MAINTENANCE    

  1. Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance:
    1. Lacks sufficient property to provide for his or her reasonable needs; and
    2. Is unable to support himself or herself through employment.
  2. The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors which may include:
    1. The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse's ability to meet his or her needs independently;
    2. The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;
    3. The duration of the marriage;
    4. The age and the physical and emotional condition of the spouse seeking maintenance;
    5. The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
    6. The tax consequences to each spouse;
    7. The fault of either party. (Idaho Statutes, Title 32, Paragraph 32-705)

  CHILD SUPPORT    

  1. In a proceeding for divorce or child support, the court may order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for his or her support and education until the child is eighteen (18) years of age, without regard to marital misconduct, after considering all relevant factors which may include:
    1. The financial resources of the child;
    2. The financial resources, needs, and obligations of both the custodial and non-custodial parents which ordinarily shall not include a parent's community property interest in the financial resources or obligations of a spouse who is not a parent of the child, unless compelling reasons exist;
    3. The standard of living the child enjoyed during the marriage;
    4. The physical and emotional condition and needs of the child and his or her educational needs;
    5. The availability of medical coverage for the child at reasonable cost;
    6. The actual tax benefit recognized by the party claiming the federal child dependency exemption.
  2. If the child continues his high school education subsequent to reaching the age of eighteen (18) years, the court may, in its discretion, and after considering all relevant factors which include those set forth in subsection (1) of this section, order the continuation of support payments until the child discontinues his high school education or reaches the age of nineteen (19) years, whichever is sooner. (Idaho Statutes, Title 32, Paragraph 32-706)

  CUSTODY OF CHILDREN (BEST INTEREST)    

In an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The court shall consider all relevant factors which may include:
  1. The wishes of the child's parent or parents as to his or her custody;
  2. The wishes of the child as to his or her custodian;
  3. The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
  4. The child's adjustment to his or her home, school, and community;
  5. The character and circumstances of all individuals involved;
  6. The need to promote continuity and stability in the life of the child; and
  7. Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.
(Idaho Statutes, Title 32, Paragraph 32-717)
 
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