Idaho Divorce Records

According to recent data from the National Center for Health Statistics, Idaho has a divorce rate of approximately 3.4 divorces per 1,000 residents, one of the highest divorce rates in the country and significantly above the national average of 2.4 per 1,000.

Idaho recognizes both no-fault and fault-based grounds for divorce. In no-fault divorces, a spouse can file for divorce without proving wrongdoing (on the part of the other spouse). The most common no-fault ground in Idaho is "irreconcilable differences," meaning the marriage has broken down beyond repair. On the other hand, a fault-based divorce requires the spouse filing for divorce to prove that the other party was responsible for the marriage's failure. Fault-based grounds in Idaho include adultery, extreme cruelty, willful desertion, and habitual drunkenness.

The average cost of a divorce in Idaho is around $8,181 per person, which is somewhat lower than the national average of $9,969 per person. Be aware that actual costs can vary significantly depending on factors like attorney fees, court filing costs, the complexity of the case, and whether disputes over custody, property division, or spousal support arise.

Are Divorce Records Public in Idaho?

Divorce records in Idaho are generally considered public records and may be accessed by interested members of the public under state law, primarily the Idaho Public Records Act. However, there are certain exceptions. For instance, certain information contained in divorce records, like social security numbers, financial account details, and medical/mental health information, is considered confidential and exempt from disclosure under the state's Public Records Act. Access to divorce records (or portions of the record) that have been sealed by court order is also restricted to authorized parties.

Likewise, the state's Vital Statistics Act restricts access to certified copies of state-issued divorce certificates that are less than 50 years old to only individuals with a direct and tangible interest, such as the parties named on the record and their legal representatives.

What Is Included in Idaho Divorce Records?

Divorce records in Idaho are official documents generated during divorce proceedings in the state. These records fall into three general categories:

• Divorce Decrees: This is the final order issued by the court granting the divorce. It outlines the terms of the separation, including property distribution, child custody arrangements, support orders, and spousal maintenance. Divorce decrees are issued by the clerk of the district court in the county where the divorce was finalized and typically serve as the official record of the divorce.
• Divorce Certificates: These are summarizations of a divorce proceeding and typically contain limited information, such as the names of the spouses, the date of divorce, and the county where it was granted. Divorce certificates are issued by the Idaho Bureau of Vital Records and Health Statistics and are typically used to prove that a divorce occurred.
• Divorce Case Files: An Idaho divorce case file contains the full set of documents filed and/or generated during a divorce proceeding, such as the initial complaint, responses, motions, financial disclosures, hearing transcripts, and court rulings. These case files are held by the district court that handled the divorce case.

How Do I Find Idaho Divorce Records?

Divorce records in Idaho may be accessed through two primary sources: locally via the district court that handled the divorce and at the state level via the Bureau of Vital Records and Health Statistics (a division of the Idaho Department of Health and Welfare). Certified copies of these records are commonly required for various legal and administrative purposes, including:

• Facilitating name changes
• Updating government-issued IDs
• Proving divorce status for remarriage or immigration processes
• Modifying and or enforcing custody and support orders
• Applying for benefits
• Settling estates, processing inheritance claims, and other similar matters

Look Up Idaho Divorce Certificate

You may obtain copies of divorce certificates for divorces granted in Idaho from May 1947 to date through the Idaho Bureau of Vital Records and Health Statistics. It is important to note that access to Idaho divorce certificates that are less than 50 years old is limited to requesters with a direct and tangible interest, such as the individuals named on the certificate, their immediate family, and their legal representatives.

Eligible parties may request divorce certificates by mailing a Certificate Request Form M-D (or a signed letter containing the names of the spouses and the date of the divorce), along with a copy of an acceptable ID and necessary fees, to

There is a $16 fee for each copy requested, with additional fees for rush/expedited requests. Requests are typically processed within 2 -3 weeks for rush orders and 3 - 5 weeks for standard orders. Inquiries may be directed to the Bureau of Vital Records and Health Statistics at (208) 334-5980.

Look Up Idaho Divorce Decree

Idaho divorce decrees are maintained at the district court that handled the divorce proceedings, and copies of these records may be obtained directly from these courts by taking the following steps:

• Identify the county where the divorce proceedings were held and the district court that finalized the divorce.
• Contact the court's clerk.
• Submit a formal request to the court clerk. Requests can typically be made in person, by mail, or online, depending on the county. You will usually need to provide details about the divorce, like the names of the spouses, the divorce date, and a case number.
• Pay applicable fees. Fees vary by county, but typically range from $10 - $20. Nonetheless, it is advisable to check with the court's clerks beforehand.

Look Up Idaho Divorce Court Records

Copies of records contained within an Idaho divorce case file may be accessed through the district court that handled the divorce proceedings. Requesters will typically need to provide sufficient details to locate the relevant case file; the submission of an official request form (either in person or via mail) and the payment of search and/or copy fees may also be required. It should be noted that some of these documents are deemed confidential and restricted to specific requesters, including the couple involved in the divorce and their attorneys.

In addition to in-person and mail requests, the Idaho Judicial Branch offers online access to public court records through its iCourt Portal. Be aware that certified copies of any divorce court records accessed via this tool must still be obtained directly from the appropriate district court.

Can You Seal Divorce Records in Idaho?

Divorce records may be sealed in Idaho, usually at the request of any of the parties involved in the divorce and for justifiable/compelling reasons, such as to protect sensitive financial or medical details, preserve the privacy of children involved, or shield victims of domestic violence from potential harm or embarrassment.

To request a divorce record sealing in Idaho, you must file a motion with the district court that granted the divorce. The motion must explain why the sealing is necessary, and you may include supporting documentation to this effect (note that you may be required to notify relevant parties about the request). Once the motion is properly filed, the court will review it and may hold a hearing to determine whether the request justifies restricting access under Idaho's public records laws and relevant judicial standards. If the court finds sufficient justification, it will issue an order specifying which parts of the record are to be sealed and under what conditions access may be granted to the sealed record.

How Long Does a Divorce Take in Idaho?

Per Idaho Statutes Section 32-716, there is a 21-day waiting period after divorce papers have been filed and served before the court can hold a hearing or finalize the divorce. During this time (or any time before the divorce is finalized), if one spouse requests, the court may require both spouses to attend a meeting with a mediator or another professional to see if reconciliation is possible. Note that, in cases where minor children are involved, the court may delay the divorce for up to 90 days if it believes that reconciliation between the couple is practicable and in the family's best interest.

In addition to these state-mandated timelines, other factors may affect the duration of divorce proceedings in Idaho, such as whether or not issues like custody and asset division are being disputed and the court's overall caseload. Notwithstanding this, uncontested divorces in Idaho can typically be finalized within 30 - 90 days, while contested divorces often take several months to over a year.

Does Idaho Require Separation Before Divorce?

No. Couples in Idaho do not have to be separated for a specific period before filing for divorce. However, per Idaho Statutes Section 32-610, divorces may be granted on the grounds of separation if either spouse provides proof that they have been "continuously living separate and apart without cohabitation" from the other spouse for at least five years.

How Are Assets Split in an Idaho Divorce?

Idaho is a community property state. This means that all property and debts acquired by either spouse during the marriage are considered equally owned by both parties and will typically be divided equally during a divorce, unless the court finds compelling reasons to deviate from a "substantially equal" split. On the other hand, assets owned by either spouse before the marriage, as well as property gotten as gifts or inheritances during the marriage, are considered "separate property" and generally remain with the original owner in the event of a divorce.

Per state law, certain factors may influence whether community property division would be equal or not, and how the property would be divided. These include:

• The length of the marriage
• Any prenuptial agreements between the spouses
• Each spouse's age, health, job, income sources, skills, employment prospects, and financial obligations
• Each spouse's financial needs
• Each spouse's current and future earning potential
• Retirement benefits
• Whether spousal support/maintenance will be or has been awarded

Who Gets Custody of a Child in Divorce in Idaho?

Per Idaho Statutes Section 32-717, child custody decisions are made based on the best interests of the child, without any legal preference for either parent. While there was once a traditional bias favoring mothers, Idaho's modern laws make no such assumption, and courts are tasked with evaluating both parents equally. However, even though Idaho custody laws are gender-neutral, studies suggest that fathers in Idaho often receive an average of about 24.1% parenting time (amounting to about 88 days per year). This is considerably less than the national average of 35% (approximately 128 days), suggesting that court rulings often still favor mothers in many cases.

Child custody in Idaho is generally divided into two main types:

• Legal Custody: This refers to a parent's right to make major decisions about the child's education, healthcare, and general welfare. Legal custody in Idaho may be jointly awarded, allowing both parents to share decision-making responsibilities, or awarded solely to one parent, giving them full authority over major decisions regarding the child.
• Physical Custody: This determines where the child lives. Physical custody may be joint, meaning that both parents get to spend significant time, or one parent may be awarded primary/sole physical custody, while the other is given visitation rights.

Depending on the specifics of the case, the court may award any of the following custody arrangements:

• Joint Legal & Joint Physical Custody: Here, both parents share decision-making and parenting time.
• Joint Legal & Sole Physical Custody: Here, both parents make decisions, but the child primarily lives with one parent
• Sole Legal & Sole Physical Custody: Here, one parent has full decision-making authority and primary residence of the child.

Idaho courts generally prefer joint custody unless awarding it will not be in the child's best interests. When making decisions, the court will typically consider certain factors, including each parent's stability, any history of abuse or neglect, and the child's wishes.