Divorce in Idaho: Grounds, Residency, and Process

Part of my Idaho Family Law Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho Family LawTopic 3 of 9: Divorce

Under Idaho law, a marriage is dissolved only by the death of one spouse or by the judgment of a court of competent jurisdiction decreeing a divorce (Idaho Code § 32-601). A divorce judgment restores the parties to the state of unmarried persons (§ 32-602).

This page explains where a divorce case is heard, the residency requirement, the grounds for divorce, the defenses the Idaho Code recognizes, and the main steps and orders in a divorce case. The statutes call the spouse who brings the action the “plaintiff” and the other spouse the “defendant” (see Idaho Code §§ 32-701, 32-613).

Which Court Hears a Divorce

Exclusive original jurisdiction of actions and proceedings under chapter 7 of Title 32, which governs divorce actions, is in the district court (Idaho Code § 32-715). A district judge at chambers may make all necessary orders to carry out that chapter (§ 32-715).

Residency Requirement

A divorce must not be granted unless the plaintiff has been a resident of Idaho for six full weeks immediately before the action is started (Idaho Code § 32-701). The statute places this requirement on the plaintiff, the spouse who files.

Each spouse’s home is judged separately. In a divorce, the presumption of law that a wife’s domicile (legal home) is the same as her husband’s does not apply (Idaho Code § 32-702). After separation, each spouse may have a separate domicile, proven by actual residence rather than legal presumptions (§ 32-702).

Grounds for Divorce

Idaho law lists eight causes for which a divorce may be granted (Idaho Code § 32-603). The Idaho Code defines most of them in the sections that follow.

Ground	What the Idaho Code says	Citation
Adultery	Voluntary sexual intercourse of a married person with someone other than his or her spouse	§ 32-604
Extreme cruelty	Infliction of grievous bodily injury or grievous mental suffering on the other spouse	§ 32-605
Wilful desertion	Voluntary separation of one spouse from the other with intent to desert; must continue for 1 year	§§ 32-606, 32-609
Wilful neglect	As written, the husband’s neglect to provide his wife the common necessaries of life when able to do so, or failure to do so because of idleness, profligacy, or dissipation; must continue for 1 year	§§ 32-607, 32-609
Habitual intemperance	Use of intoxicating drinks to a degree that disqualifies the person a great portion of the time from properly attending to business, or that would reasonably inflict a course of great mental anguish on the innocent party; must continue for 1 year	§§ 32-608, 32-609
Conviction of felony	Listed as a ground	§ 32-603
Permanent insanity	Available only under the special rules in sections 32-801 to 32-805	§§ 32-603, 32-801
Irreconcilable differences	Grounds the court determines are substantial reasons for not continuing the marriage and that make it appear the marriage should be dissolved	§ 32-616

Idaho law also allows a divorce based on long separation. When spouses have lived separate and apart without cohabitation for five years or more, either spouse may sue for divorce (Idaho Code § 32-610). The divorce “shall be granted” on proof of continuous separation without cohabitation for that period (§ 32-610).

A divorce may be granted on the defendant’s default (failure to respond) based on the uncorroborated statement, admission, or testimony of the plaintiff (Idaho Code § 32-703).

Divorce for Permanent Insanity

Chapter 8 of Title 32 sets special conditions for a divorce based on a spouse’s permanent insanity. The insane spouse must have been duly and regularly confined in an insane asylum of Idaho, another state or territory, or a foreign country for at least three years immediately before the action starts (Idaho Code § 32-801). The court must also find that the insanity is permanent and incurable (§ 32-801).

The action must be brought in the Idaho county where the plaintiff resides (Idaho Code § 32-802). On the plaintiff’s verified petition, the court appoints a guardian for the insane spouse in the action, and the summons and complaint are served on that guardian and on the county attorney (§ 32-802).

The county attorney must appear and defend the action, and no divorce may be granted under chapter 8 except in the county attorney’s presence (Idaho Code § 32-803). The court has the same powers over maintenance, support, property distribution, and child custody as in other divorce actions (§ 32-804). The plaintiff must pay all court costs, the county attorney’s actual expenses, and the guardian’s expenses and fees, as fixed and allowed by the court (§ 32-805).

Defenses to Divorce

Idaho law says a divorce must be denied upon a showing of collusion, condonation, recrimination, or limitation and lapse of time (Idaho Code § 32-611). The Idaho Code explains each of these terms.

• Collusion is an agreement between spouses that one will commit, or appear to have committed, or be represented in court as having committed, acts that are a cause for divorce so the other can obtain a divorce. It bars an action for those acts (§ 32-612).
• Recrimination is a showing by the defendant of any cause of divorce against the plaintiff, as a bar to the plaintiff’s cause of divorce (§ 32-613).
• Condonation, under § 32-614, works against a recrimination defense. If the plaintiff’s cause of divorce raised in the defendant’s answer was condoned, that condonation bars the defense when the condonee has fully performed the marital duties and is without reproach since the condonation, or if two years or more have passed since the condonation (§ 32-614).
• Limitation and lapse of time is covered by the deadlines in the next section (§ 32-615).

Time Limits on Divorce Claims

Some grounds must be raised promptly. A divorce must be denied in these situations (Idaho Code § 32-615):

Ground	Divorce must be denied if the action is not started	Citation
Adultery	Within 2 years after the act of adultery, or after its discovery by the injured party	§ 32-615(1)
Conviction of felony	Before 1 year after a pardon or the end of the period of sentence	§ 32-615(2)
All other cases	If there is an unreasonable lapse of time before the action is started	§ 32-615(3)

The 21-Day Waiting Period and Reconciliation

Except as the statute provides, no hearing on the merits of the grounds for divorce may be held, and no final decree may be entered, until at least 21 days after the action is started and process is served (Idaho Code § 32-716). The same section says nothing in it prevents the court from trying the case on the merits and entering a final decree upon the agreement of both parties, with both present in person or represented by counsel at trial (§ 32-716).

During the 21 days, or at any time before the final decree, the court may require a conference of the parties, if one spouse applies, to decide whether reconciliation is practicable (Idaho Code § 32-716). The conference is with “a person or persons of his choosing, or persons selected by the court” (§ 32-716). The court may still make interim orders that are just and equitable (§ 32-716).

Where grounds for divorce have been established and there are minor children in the family, the court may stay (pause) the case for up to 90 days if it finds that reconciliation attempts are practicable and in the best interest of the family (Idaho Code § 32-716). Taking part in these reconciliation procedures is not treated as condonation by either spouse (§ 32-716).

Temporary Orders, Fees, and Legal Separation

While a divorce is pending, the court may, on either party’s motion, order temporary maintenance of either spouse by the other or temporary support of a child of the marriage (Idaho Code § 32-704(1)). The amounts and terms must be just and proper under the circumstances (§ 32-704(1)).

The court may also, on either party’s motion, enter a decree of legal separation (Idaho Code § 32-704(2)). That decree may provide for custody of children, division of property, payment of debts, child support, and spousal support (§ 32-704(2)).

After considering both parties’ financial resources and the factors in section 32-705, the court may order one party to pay a reasonable amount toward the other party’s costs and attorney’s fees (Idaho Code § 32-704(3)). This can include services and costs before the case began or after judgment, and the court may order payment directly to the attorney (§ 32-704(3)).

The court may appoint an attorney or guardian ad litem to represent a minor or dependent child on support, custody, and visitation, but only when it deems that help necessary beyond court services already authorized (Idaho Code § 32-704(4)). The costs are ordered against either or both parents, or borne by the county if both parties are indigent (§ 32-704(4)).

What the Divorce Decree Decides

In a divorce decree, the court must make an order disposing of the community property and the homestead, and may order a partition or sale when necessary (Idaho Code § 32-713). Unless there are compelling reasons otherwise, community property is divided substantially equally in value, considering debts (§ 32-712(1)(a)).

The court may also grant maintenance to a spouse who lacks sufficient property to provide for reasonable needs and is unable to self-support through employment (§ 32-705(1)). See the property division and maintenance page.

The court may, before and after judgment, direct the custody, care, and education of the children as it finds necessary or proper in their best interests (Idaho Code § 32-717(1)). It may also order child support (§ 32-706(1)). See the child custody and child support pages.

Maintenance and support provisions may be changed later only as to installments that come due after the motion to modify, and only on a showing of a substantial and material change of circumstances (Idaho Code § 32-709(1)). The court may require reasonable security for maintenance or other payments under chapter 7 (§ 32-707).

Effect of Divorce on a Will

If a person makes a will and is later divorced, the divorce revokes any disposition or appointment of property made by the will to the former spouse, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will expressly provides otherwise (Idaho Code § 15-2-508). A decree of separation that does not end the status of husband and wife is not a divorce for this purpose (§ 15-2-508). The page on changing or revoking a will covers this in more detail.

If the marriage was flawed from the start, an annulment may be a different path; see the annulment page. For the rules on forming a valid marriage, see the marriage page.

How I Can Help

I help Idaho clients through divorce and legal separation, from confirming residency and grounds to temporary orders, property division, maintenance, and parenting issues. I can explain how the Idaho Code applies to your facts and what the court may consider. Request a consultation to discuss your situation.

This page provides general information about Idaho family law, based on the Idaho Code, and is not legal advice. Court rules (including the Idaho Child Support Guidelines), regulations, and case law also affect family law matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.