How to start a divorce

Grounds for Divorce

When filing for divorce in Idaho, the plaintiff may point out either a fault-based or no-fault reason as grounds for divorce. Fault-based grounds for divorce imply the other spouse's misconduct led to the termination of the marriage. To be recognized as valid, all the fault-based grounds for divorce must be proven by the plaintiff before the court.

The fault-based grounds for divorce in Idaho include adultery, extreme cruelty, serious physical or mental harm, willful neglect, willful desertion, felony conviction, habitual intemperance or alcoholism, and insanity (the confinement within a psychiatric facility for at least three years before filing for divorce).

The most common no-fault ground for divorce in Idaho is "Irreconcilable differences." This means that no one is to blame, and no one needs to prove anything. Also, a divorce can be granted if the spouses have been living separately and apart for at least five years.

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