Statutory Reference to Idaho Code:

Divorce: §§ 32-701, 32-603, 32-610

Property Division: § 32-712

Alimony: § 32-705

Custody: § 32-717

Visitation: § 32-719

Child Support: § 32-706A; Idaho Rules of Civil Procedure 6(c)(6)

 

Residence:

The complainant must live in the jurisdiction for six weeks.

 

Grounds:

Irreconcilable difference; adultery; extreme cruelty; willful desertion; willful neglect; habitual intemperance; conviction of a felony; permanent insanity; five years' separation.

 

Distribution of Property:

Division of community based on equitable principles.  The community property must be assigned by the court in such proportions as the court deems just, with due consideration of the following: (1) unless there are compelling reasons otherwise, the community property shall be divided equally; (2) factors which may compel an unequal division include duration of marriage; antenuptial agreement of the parties; age, health, occupation, amount, and source of income; vocational skills; employability of each spouse; needs of each spouse; whether the apportionment is in lieu of or in addition to alimony; earning capacity of each party; retirement benefits. 

 

Alimony/Spousal Support:

The court may grant maintenance if it finds that the spouse seeking maintenance lacks sufficient property to provide for his or her reasonable needs and is unable to support him or herself through employment.  The amount and time of maintenance shall be based on the financial resources of each spouse, the time necessary to become self supporting, the duration of the marriage, the age and physical and emotional condition of the spouse seeking support, the ability of the spouse from whom support is sought to pay, tax consequences, and fault.

 

Child Custody/Visitation:

The court shall award custody as is in the best interests of the child.  Factors include the wishes of the child, the wishes of the child's parents, the interaction and interrelationship of all parties, the child's adjustment to school and home, the mental and physical health and integrity of all individuals, the need to promote continuity and stability, and the presence of domestic violence.

There is a presumption in favor of joint custody.  The presumption may be rebutted.

 

Child Support:

Child support guidelines are found in the Idaho Rules of Civil Procedure.  The guidelines are an income shares model, calculated on gross income.