Title 32 — DOMESTIC RELATIONS

32-610. Separation without cohabitation. When married persons have heretofore lived or shall hereafter live separate and apart for a period of five (5) years or more without cohabitation, either party to the marriage contract may sue for a divorce which shall be granted on proof …

32-611. Denial of divorce. Divorces must be denied upon showing: 1. Collusion; 2. Condonation; 3. Recrimination; or, 4. Limitation and lapse of time.

32-612. Collusion. Collusion is an agreement between husband and wife that one of them shall commit, or appear to have committed, or to be represented in court as having committed, acts constituting a cause of divorce for the purpose of enabling the other to obtain a divorce, and…

32-613. Recrimination. Recrimination is a showing by the defendant of any cause of divorce against the plaintiff, in bar of the plaintiff’s cause of divorce.

32-614. Condonation. Condonation of a cause of divorce shown in the answer as a recriminatory defense, is a bar to such defense when the condonee has fully performed the marital duties, and is without reproach since the condonation, or if two (2) years or more have elapsed after …

32-615. Limitations. A divorce must be denied: 1. When the cause is adultery and the action is not commenced within two (2) years after the commission of the act of adultery, or after its discovery by the injured party. 2. When the cause is conviction of felony, and the action is…

32-616. Irreconcilable differences. Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

32-701. Residence required by plaintiff. 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.

32-702. Domicil of parties. In actions for divorce the presumption of law that the domicil of the husband is the domicil of the wife, does not apply. After separation each may have a separate domicil, depending for proof upon actual residence, and not upon legal presumptions.

32-703. Default and uncorroborated statements. A divorce may be granted upon the default of the defendant, upon the uncorroborated statement, admission or testimony of the plaintiff.

32-704. Allowance of support money, court costs and attorney fees — Representation of child. 1. While an action for divorce is pending, the court may, in its discretion, on the motion of either party and upon showing made in conformity with section 32-705 or section 32-706, Idaho…

32-705. Maintenance. 1. Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance: (a) Lacks sufficient property to provide for his or her reasonable needs; and (b) Is unable to support himself or herself through employmen…

32-706. Child support. (1) In a proceeding for divorce or child support, the court may order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for his or her support and education until the child is eighteen (18) years of age, with…

32-707. Security. The court may require reasonable security for providing maintenance or making any payments required under the provisions of this chapter, and may enforce the same by the appointment of a receiver, or by any other remedy applicable to the case.

32-708. What property liable. When implementing and construing sections 32-705 through 32-707, Idaho Code, the court must resort, first, to the community property, then to the separate property of either party.

32-709. Modification of provisions for maintenance and support. (1) The provisions of any decree respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of a substantial and material chan…

32-710A. Support payments paid to the department of health and welfare. A. Effective October 1, 1998, all payments for child support ordered pursuant to any decree of divorce or other order for support shall be paid, unless otherwise ordered by the court, to the department of hea…

32-712. Community property and homestead — Disposition. In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned as follows: 1. The community property must be assigned by the court in such proportions as the …

32-713. Community property and homestead — Order for disposition. The court, in rendering a decree of divorce, must make such order for the disposition of the community property, and of the homestead as in this chapter provided, and, whenever necessary for that purpose, may order…

32-714. Community property and homestead — Revision on appeal. The disposition of the community property, and of the homestead, as above provided, is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.

32-715. Jurisdiction of actions. Exclusive original jurisdiction of all actions and proceedings under this chapter is in the district court, but a judge thereof at chambers may make all necessary orders to carry out the provisions of this chapter. The powers and jurisdiction gran…

32-716. Reconciliation proceedings. No hearing on the merits upon grounds for divorce shall be held in any action for divorce, and no final decree of a court of competent jurisdiction shall be entered in any such case, except as hereinafter provided, until at least twenty-one (21…

32-717. Custody of children — Best interest. (1) In an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The c…

32-717A. Parents’ access to records and information. Notwithstanding any other provisions of law, access to records and information pertaining to a minor child including, but not limited to, medical, dental, health, and school or educational records, shall not be denied to a pare…

32-717B. Joint custody. (1) "Joint custody" means an order awarding custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents in such a way as to assure the child or children of frequent and continuing contact with b…

32-717C. Allegations of abuse — Investigation. When, in any divorce proceeding or upon request for modification of a divorce decree, an allegation of child abuse or child sexual abuse is made, implicating either party, the court shall order that an investigation be conducted by t…

32-717D. Parenting coordinator. (1) Provided that a court has entered a judgment or an order establishing child custody in a case, the court may order the appointment of a parenting coordinator to perform such duties as authorized by the court, consistent with any controlling jud…

32-717E. Supervised access providers — Record checks. In cases in which a court has ordered that contact between a person and one (1) or more children shall take place only in the presence of an approved provider, or where the court has ordered supervised exchanges or transfers o…

32-718. Vexatious or harassing modification proceedings. Attorney fees and costs shall be assessed against a party seeking modification if the court finds that the modification proceeding is vexatious and constitutes harassment.

32-719. Visitation rights of grandparents and great-grandparents. The district court may grant reasonable visitation rights to grandparents or great-grandparents upon a proper showing that the visitation would be in the best interests of the child.

32-720. PETITIONS FOR MODIFICATION — CHILD CUSTODY ORDERS — SERVICEMEMBERS. (1) In the event a petition for modification of a child custody order is filed during the time that the court action may be subject to the servicemembers civil relief act, 50 U.S.C. App. section 501 et se…

32-801. Insanity a ground for divorce. A divorce may be granted for the cause of permanent insanity of the spouse: provided, that no divorce shall be granted under the provisions of this chapter unless such insane person shall have been duly and regularly confined in an insane as…

32-802. Appointment of guardian — Service of process. The district courts of the several judicial districts of this state shall have jurisdiction of actions for divorce under the provisions of this chapter; and such action shall be brought in the county of this state in which the…

32-803. Prosecuting attorney to defend action. It shall be the duty of the county attorney upon whom the summons and complaint in such action shall be served to appear for such defendant in such action and defend the same, and no divorce shall be granted under the provisions of t…

32-804. Maintenance — Distribution of property — Custody of children. In any action brought under the provisions of this chapter the said courts and the judges thereof shall possess all the powers relative to the payment of maintenance and support, the distribution of property an…

32-805. Costs and expenses to be paid by plaintiff. All the costs of the court in such action, as well as the actual expenses of the county attorney therein, together with the expenses and fees of the guardian therein, shall be paid by the plaintiff; such expenses of the county a…

32-901. Mutual obligations. Husband and wife contract toward each other obligations of mutual respect, fidelity and support.

32-903. Separate property of husband and wife. All property of either the husband or the wife owned by him or her before marriage, and that acquired afterward by either by gift, bequest, devise or descent, or that which either he or she shall acquire with the proceeds of his or h…

32-904. Separate property of wife — Management. During the continuance of the marriage, the wife has the management, control and absolute power of disposition of her separate property, and may bargain, sell and convey her real and personal property, and may enter into any contrac…

32-905. Separate property of wife — Marriage settlement not affected. Nothing in the two (2) preceding sections contained shall invalidate, alter or change any marriage settlement now made or to be made hereafter.

32-906. Community property — Income from separate and community property — Conveyance between spouses. (1) All other property acquired after marriage by either husband or wife is community property. The income, including the rents, issues and profits, of all property, separate or…

32-906A. Community property conveyed in a revocable trust remains community property. Where community property, before or after the effective date of this section, is transferred by the husband and wife to a trust, regardless of the identity of the trustee, which trust originally…

32-907. Inventory of wife’s property. A full and complete inventory of the separate personal property of the wife may be made out and signed by her, acknowledged or proved in the manner required by law for the acknowledgment or proof of a conveyance of real property by an unmarri…

32-908. Effect of filing inventory. The filing of the inventory in the recorder’s office is notice and prima facie evidence of the title of the wife.

32-909. Earnings of wife living separate from husband [Unconstitutional]. The earnings and accumulations of the wife and of her minor children living with her or in her custody, while she is living separate from her husband are the separate property of the wife.

32-910. Liability for antenuptial debts. The separate property of the husband is not liable for the debts of the wife contracted before the marriage.

32-911. Wife’s liability for personal debts. The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts contracted before or after marriage.

32-912. Control of community property. Either the husband or the wife shall have the right to manage and control the community property, and either may bind the community property by contract, except that neither the husband nor wife may sell, convey or encumber the community rea…

32-913. Payments from employee benefit plans — Adverse claims. Whenever payment or refund is made to an employee, former employee, or such person’s beneficiary or heirs, legatees or estate pursuant to a written retirement, death, stock, or other employee benefit plan or savings p…

32-914. Curtesy and dower abolished. No estate is allowed the husband tenant by curtesy upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband.