Looking for Idaho’s rules on marriage, divorce, child custody, and child support? Want to find Idaho’s state court forms and instructions and local court websites? Here’s where to start. For a wide range of other articles on family law in Idaho, see the Resources by State section on this site.
Marriage Rules in Idaho
Requirements: No blood test required. You must be of the age of consent, not be too closely related to your intended spouse, not be married to anyone else, and have sufficient mental capacity, meaning you understand what you are doing when you marry. You can marry immediately after your marriage license is issued. For more details, check your county clerk’s office.
Common law marriage: Yes. Common law marriages created before January 1, 1996 are recognized for couples who intended to be married, lived together for a significant period of time, and held themselves out as a married couple.
Community property: Yes.
Same-sex marriage: No.
Idaho Divorce Rules
Grounds for divorce: Fault or no-fault grounds are allowed, or you can base your divorce on the fact that you’ve been separated from your spouse for at least five years.
Residency requirement: At least one spouse must be a resident of Idaho for six months before filing for divorce.
How property is divided: Community property.
Child Custody Rules in Idaho
Child custody guidelines: Idaho courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements.
Idaho Child Support Rules
Child support guidelines: Idaho requires all parents to support their children. The amount of child support depends primarily on each parent’s income and other resources and how much time each parent spends with the children.
Child support calculators to determine state guidelines: www.alllaw.com/calculators/childsupport/idaho.
State child support enforcement agency: Child Support Services, www.healthandwelfare.idaho.gov/Children/ChildSupport/tabid/76/Default.aspx.
Idaho Courts and Other Family Law Resources
Idaho court information and family law forms: www.isc.idaho.gov.
Family services section of Idaho website: www.healthandwelfare.idaho.gov.
