Residency Requirements for Divorce: Idaho
Idaho has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Idaho residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Idaho Filing Requirements: In order to file for a divorce in Idaho, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
A divorce must not be granted unless the plaintiff has been a resident of the state for six (6) full weeks next preceding the commencement of the action. The divorce may be filed in the county in which either the husband or the wife reside. If either spouse is not a resident of the state, the divorce must be filed in the county in which the plaintiff resides. (Idaho Code - Title 5 - Chapters: 404)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Idaho for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Idaho.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your Idaho Divorce Today (5 Great Options!)
- Locate a Idaho Divorce Professional Near You
- Read More About Idaho Divorce Laws
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Idaho Divorce Forms & Downloadable Software
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Idaho Grandparent's Rights Manual
Idaho Divorce & Financial Checklist
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Idaho Child Support Calculation Report
Idaho Pension Valuation Report
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Idaho Wills for the Divorcing
Idaho Custody/Visitation/Support Modification Forms
Win Your Custody Battle 2008 (Mother's and Father's Versions)
