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Idaho Divorce Laws


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    32-602.  EFFECT OF DECREE. The effect of a judgment decreeing a divorce is
to restore the parties to the state of unmarried persons.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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
provided in sections 32-801 to 32-805, inclusive.
    8.  Irreconcilable differences.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    32-604.  ADULTERY. Adultery is the voluntary sexual intercourse of a
married person with a person other than the offender's husband or wife.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    32-606.  WILFUL DESERTION. Wilful desertion is the voluntary separation of
one of the married parties from the other with intent to desert.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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 anguish upon the innocent
party.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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 of the
continuous living separate and apart without cohabitation of the spouses
during said period of five (5) years or more.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    32-611.  DENIAL OF DIVORCE. Divorces must be denied upon showing:
    1.  Collusion;
    2.  Condonation;
    3.  Recrimination; or,
    4.  Limitation and lapse of time.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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 is a bar to an
action for such acts.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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 the condonation.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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 not
commenced before the expiration of one (1) year after a pardon or the
termination of the period of sentence.
    3.  In all other cases when there is an unreasonable lapse of time before
the commencement of the action.


                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 6
                       DIVORCE -- GROUNDS AND DEFENSES
    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.

(Make sure to consult a lawyer or check your local laws for any changes.)

Idaho Divorce Laws




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