Title 32, DOMESTIC RELATIONS

32-101. Minors defined. Minors are: 1. Males under eighteen (18) years of age. 2. Females under eighteen (18) years of age. 3. Provided, that any male or any female who has been married shall be competent to enter a contract, mortgage, deed of trust, bill of sale and conveyance, …

32-102. Unborn child as existing person. A child conceived, but not yet born, is to be deemed an existing person so far as may be necessary for its interests, in the event of its subsequent birth.

32-103. Contracts of minors — Disaffirmance. In all cases other than those specified in the next two (2) sections the contract of a minor, if made whilst he is an unmarried minor may be disaffirmed by the minor himself, either before his majority or within a reasonable time after…

32-104. Contracts of minors — Necessaries. A minor can not disaffirm a contract otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or …

32-105. Contracts of minors authorized by statute. A minor can not disaffirm an obligation otherwise valid, entered into by him under the express authority or direction of a statute.

32-106. Contracts of persons without understanding. A person entirely without understanding has no power to make a contract of any kind, but he is liable for the reasonable value of things furnished to him necessary for his support or the support of his family.

32-107. Contracts of insane persons. A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determined, is subject to rescission.

32-108. Contracts of insane persons after adjudication of incapacity. After his incapacity has been judicially determined, a person of unsound mind can make no conveyance or other contract, nor delegate any power or waive any right until his restoration to capacity. But a certifi…

32-201. What constitutes marriage — No common-law marriage after January 1, 1996. (1) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of parties capable of making it is necessary. Consent alone will not constitute ma…

32-202. Persons who may marry. Any unmarried male of the age of eighteen (18) years or older, and any unmarried female of the age of eighteen (18) years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage. A minor under eighteen (18) a…

32-205. Incestuous marriages. Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half (1/2) as well as the whole blood, and between uncles and nieces, or aunts and nephews, are incestuous, and void from the b…

32-206. Marriages between first cousins. All marriages between first cousins are prohibited.

32-207. Polygamous marriages. A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife, is illegal and void from the beginning unless: 1. The former marriage of either party h…

32-208. Release from contract for unchastity. Neither party to a contract to marry is bound by a promise made in ignorance of the other’s want of personal chastity, and either is released therefrom by unchaste conduct on the part of the other, unless both parties participate ther…

32-209. Recognition of foreign or out-of-state marriages. All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriag…

32-301. How solemnized. All marriages shall be solemnized, authenticated and recorded as provided in this chapter. On and after January 1, 1996, any marriage contracted or entered into in violation of the provisions of this title shall be void.

32-302. Duty of person officiating. All persons herein authorized to solemnize marriages must first require the presentation of the marriage license and must ascertain and be assured of: 1. The identity of the parties. 2. Their real and full names and places of residence. 3. That…

32-303. By whom solemnized. Marriage may be solemnized by any of the following Idaho officials: a current or retired justice of the supreme court, a current or retired court of appeals judge, a current or retired district judge, the current or a former governor, the current lieut…

32-304. Form of ceremony. No particular form for the ceremony of marriage is required, but the parties must declare, in the presence of the person solemnizing the marriage that they take each other as husband and wife.

32-305. Examination of witnesses. The person solemnizing the marriage may administer oaths and examine the parties and witnesses for the purpose of satisfying himself that the contracting parties are qualified under the requirements of this chapter.

32-306. Certificate to parties. When a marriage has been solemnized the person solemnizing the same must give to each of the parties, if required, a certificate thereof.

32-307. Fees of officer. The person solemnizing a marriage is for such service entitled to receive from the parties married the sum of five dollars ($5.00), but may receive any other or greater sum voluntarily given by the parties to such marriage.

32-308. Validity not affected by want of authority. No marriage solemnized by any person professing to be a judge, justice, or minister, is deemed or regarded void, nor is the validity thereof to be in any way affected on account of any want of jurisdiction or authority: provided…

32-309. Marriage certificate as evidence. The original certificate, and record of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy of such record duly certified by such recorder, must b…

32-401. Marriage license — Contents. The county recorder of any county in this state shall have authority to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this state to contract matrimony, authorizing the marriage of such parti…

32-402. Certificate and return. The form of certificate annexed to said license, and therein referred to, shall be as follows: I,…., a…., residing at…., in the county of…., in the state of Idaho, do certify that, in accordance with the authority on me conferred by the above licen…

32-403. Application for and issuance of license. (1) Every county recorder who shall have personal knowledge of the competency of the parties for whose marriage a license is applied for, shall issue such license upon payment or tender to him of his legal fee therefor; and if such…

32-404. Administration of oaths. The county recorder shall have power to administer all oaths required or provided for in this chapter, and if any person in any such affidavit shall wilfully and corruptly swear falsely to any material fact as to the competency of any person for w…

32-405. Minister or officer may solemnize marriage. Any authorized minister or officer to whom any such license, duly issued, may come, not having personal knowledge of the incompetency of either party therein named to contract matrimony, may lawfully solemnize matrimony between …

32-406. Solemnization without license — Penalty. If any such minister or officer shall presume to solemnize any marriage between parties without such a license, or with knowledge that either party is legally incompetent to contract matrimony as is provided for by the laws of this…

32-407. Record of return of license. The recorder shall record all such returns of marriage licenses in a book to be kept for that purpose, within one (1) month after receiving the same. If any recorder shall neglect or refuse to record within the said time any return to him made…

32-408. Fees for issuing license. The recorder of each county of this state shall be entitled to a fee as provided by section 31-3205, Idaho Code, for each license issued, which fee he shall demand and receive from the person applying for the same, and he may refuse to issue any …

32-409. Marriage books as evidence. The books of marriages and copies of entries therein, certified by the recorder under his official seal, shall be evidence in all courts.

32-410. Penalty for false return. If any person, authorized to solemnize marriage, shall wilfully make a false return of any marriage or pretended marriage to the recorder; or, if the recorder shall wilfully record a false return of any marriage, he shall be deemed guilty of a mi…

32-411. Disposition of penalties. All fines and penalties accruing under the provisions of this chapter shall be paid into the county treasury for the use of the common schools in the county where the offense was committed.

32-415. Violations a misdemeanor. Any person who misrepresents any fact required to be stated on the certificate form or other form required by this act, or any licensing officer who issues a marriage license without having received the certificate forms or an order from the cour…

32-501. Grounds of annulment. A marriage may be annulled for any of the following causes, existing at the time of the marriage: 1. That the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent, and such marriage was contracted withou…

32-502. Action to annul — Parties and limitations. An action to obtain a decree of nullity of marriage, for causes mentioned in the preceding section, must be commenced within the periods and by the parties as follows: 1. For causes mentioned in subdivision one; by the party to t…

32-503. Legitimacy of children. When a marriage is annulled for any reason, other than for fraud in that the wife is pregnant with the child of a man other than the husband, children begotten before judgment are legitimate and succeed to the state of both parents. The court may a…

32-504. Custody of children. The court must award the custody of the children of a marriage annulled on the ground of fraud or force to the innocent parent, and may also provide for their education and maintenance out of the property of the guilty party.

32-505. Conclusiveness of judgment. A judgment of nullity of marriage rendered is conclusive only as against the parties to the action and those claiming under them.

32-601. Dissolution of marriage. Marriage is dissolved only: 1. By the death of one of the parties; or, 2. By the judgment of a court of competent jurisdiction decreeing a divorce of the parties.

32-602. Effect of decree. The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons.

32-603. Causes for divorce. Divorces may be granted for any of the following causes: 1. Adultery. 2. Extreme cruelty. 3. Wilful desertion. 4. Wilful neglect. 5. Habitual intemperance. 6. Conviction of felony. 7. When either the husband or wife has become permanently insane, as pr…

32-604. Adultery. Adultery is the voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife.

32-605. Extreme cruelty. Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other by one party to the marriage.

32-606. Wilful desertion. Wilful desertion is the voluntary separation of one of the married parties from the other with intent to desert.

32-607. Wilful neglect. Wilful neglect is the neglect of the husband to provide for his wife the common necessaries of life, he having the ability to do so, or it is the failure to do so by reason of idleness, profligacy or dissipation.

32-608. Habitual intemperance. Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguis…

32-609. Continuation of cause. Wilful desertion, wilful neglect or habitual intemperance must continue for one (1) year before either is a ground for divorce.