Idaho Divorce Records
The courts in Idaho that deal with divorce are open to both contested and uncontested divorce options. That means that it is totally up to the couple to decide if they want to end their marriage with or without a legal battle. To initiate a divorce, at least one spouse must have lived in Idaho for six weeks. A spouse can initiate divorce proceedings by filing the necessary paperwork in the state District Court located in the county where they or their spouse lives. Idaho recognizes both fault-based (adultery, extreme cruelty, felony conviction, insanity, etc,.) and no-fault (irreconcilable differences) grounds for divorce.
The public is free to access Idaho divorce records, except in cases where they have been sealed by the court. All divorce records in Idaho are maintained by the county District Clerk's Office. The state's divorce rate, which is 3.3 per 1,000 people, is greater than the national average of 2.4 per 1,000 people.
What are Divorce Records?
The Idaho court system is responsible for keeping official records that document the end of marriages within the state. These records can be used as legal proof of divorce and include important details like how the property was shared and what custody of the children (if there are children) would be.
Idaho courts issue and keep divorce records. To get access, anyone seeking these documents must contact the county District Clerk's Office where the divorce was finalized. The information in these divorce records includes:
- The full names of the parties involved in the divorce
- The court-assigned number for tracking and reference
- Grounds for the divorce
- The date on which the marriage occurred
- Details about the settlement, such as alimony, property division, child custody, and child support arrangements
- The court in which the case was filed
- The date when the divorce was finalized
- The address of the parties involved in the divorce.
Idaho courts issue two types of divorce records, namely divorce certificates and divorce decree.
In Idaho, the divorce certificate is provided by the Idaho Bureau of Vital Records and Health Statistics. This certificate is an easy-to-understand document that contains a summary of the facts of the divorce. Such facts include the names of the parties to the divorce, and the date and location of the divorce. This kind of document can legitimately serve as evidence of a divorce without disclosing any of its details. The certificate can be used for passport applications, inheritance, and name changes, among other things.
A divorce decree, on the other hand, contains more details than a divorce certificate. It is also a judicial document as such it is somewhat more complex. The divorce decree is a comprehensive court document that specifies every aspect of the divorce process and outlines the conditions of the settlement reached between the divorcing parties. These conditions vary from case to case and could include child visitation and custody, alimony payments, and the division of assets and debts, among other things the court deems appropriate. The divorce decree can be obtained from the Clerk of the County in which the divorce occurred.
Are Divorce Records Public in Idaho?
Idaho treats divorce records as private documents, limiting access to specific individuals. However, after 50 years from when the divorce was issued, these records become public. Divorce records encompass both divorce certificates and decrees, with the latter providing more detailed information.
To obtain a divorce record, individuals must get in touch with the county Clerk's Office where the divorce was finalized. Note that only those named on the record, legal representatives, immediate family members, or individuals with legitimate rights to them are given access to divorce records. Idaho issues divorce certificates through the Bureau of Vital Records and Health Statistics. Both online and mail-in options exist for obtaining divorce certificates.
If you would like to request a divorce certificate by mail, download and fill out the Idaho Vital Statistics Certificate Request Form or send a letter with all the necessary information. Note that you will have to pay for both the first certified copy and successive copies, as well as copies that are not certified. Include a copy of a current government-issued photo ID with the document, along with a check or money order made payable to Idaho Vital Records for the appropriate amount.
Divorce Stats and Rates in Idaho
Idaho experienced fluctuating divorce rates between 2017 and 2022. The state recorded its lowest rate in 2022 at 3.3 divorces per 1,000 residents, contrasting with the peak in 2019 and 2017 at 3.9 divorces per 1,000 residents.
Notably, there has been a significant drop in the number of people getting divorced over the past decade in the Gem State. For example, the state's divorce rate dropped by 27 percent from 2012 to 2022. Even though there was a slight increase between 2021 and 2022, the trajectory shows that people in Idaho are no longer ending their marriages as they used to ten years ago. On a gender level, women in Idaho typically initiate divorce proceedings - twice the rate of their male counterparts. The majority of divorces involve opposite-sex couples, with same-sex divorces accounting for a small percentage.
Grounds for Divorce in Idaho
Idaho outlines divorce procedures in Section 32-603 of its statutes. Unlike many states, Idaho requires only a six-week residency period before filing for divorce. The state permits both fault-based and no-fault divorces. Couples can choose a no-fault divorce, citing irreconcilable differences.
Couples can also have a fault-based divorce by proving specific grounds. Proving fault in a divorce can potentially influence settlement terms. While not required, demonstrating spousal misconduct might impact the distribution of assets, liabilities, child support, visitation, and custody arrangements. Idaho law recognizes several fault-based grounds for divorce. These include:
- Adultery
- Extreme cruelty
- Willful neglect
- Felony conviction
- Prolonged mental illness
- Habitual drunkenness
- Willful desertion
How to File for Divorce in Idaho
To initiate a divorce in Idaho, the filing party must file the necessary paperwork with the appropriate court. The specific court depends on the residency of either spouse. The primary documents required are the Complaint of Divorce and the Decree of Divorce, with additional forms depending on the case complexity. A filing fee applies, with varying amounts for contested and uncontested cases.
After filing, the District Court assigns a case number and initiates the legal process. The plaintiff must serve the defendant with the divorce complaint - through a lawyer, or by someone employed specifically to carry out the process. The defendant has a specific timeframe to respond. If no response is received, the court may grant a default divorce.
The divorce process involves mandatory financial disclosures from both parties. Depending on whether the spouses reach an agreement, the case proceeds to either a stipulated divorce or a contested trial. The court ultimately issues a divorce decree finalizing the proceedings.
Idaho Divorce Decree
Idaho courts issue a final decree to formalize divorce proceedings. This legal document outlines the terms of the divorce settlement, including property division, child custody, and spousal support. The presiding judge reviews the case and issues the decree. Both parties must abide by the decision, which is the ultimate ruling in the divorce case.
In Idaho, divorces typically last 30 to 90 days. This depends on several variables, such as whether one side is contesting the divorce, the volume of cases the court is handling, and the availability of judges for the court.
Divorce records in Idaho are maintained by County Clerks. These records provide a formal account of the divorce and its terms. The public cannot typically access these records as they are treated as private documents, although after 50 years from the date of the decree, such records become public.
How to Find and Access Idaho Divorce Records
All divorce records in Idaho are public information fifty years after the divorce date. Before then, access to the records is restricted to eligible parties only—individuals named on the records, their attorneys, members of their immediate family, and anyone demonstrating a need for access to the record to protect their property rights.
Offline Access
To obtain a complete divorce record, individuals must typically contact the county Clerk's Office where the divorce occurred. This process may involve completing a request form and providing identification. Fees apply for obtaining certified copies.
Online Access
Idaho offers limited online access to divorce records through its iCourt Portal. This platform allows users to search for cases, including divorce cases, by providing the names of the parties involved or the case number. However, the information available through iCourt is limited and may not provide comprehensive details about the divorce. Some larger counties, maintain their online portals for accessing court records, but these platforms may also have limitations. While it is possible to look for divorce records through the websites of government agencies, the availability of these records cannot be ensured.
References
- https://legislature.idaho.gov/statutesrules/idstat/title32/t32ch6/sect32-603/
- https://www.cdc.gov/nchs/fastats/marriage-divorce.htm
- https://healthandwelfare.idaho.gov/services-programs/birth-marriage-death-records/order-record-1
- https://mycourts.idaho.gov/