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Idaho Divorce Residency Requirements

In order to file your Complaint for Divorce in Idaho, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Idaho residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

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. The divorce may be filed in the county in which either the husband or the wife reside. If either spouse is not a resident of the state, the divorce must be filed in the county in which the plaintiff resides. (Idaho Code - Title 5 - Chapters: 404)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Idaho. It is most common that people file for a divorce in the county in which they live. You can also read more about the Idaho residency requirements in the Idaho state statutes located at: http://www3.state.id.us. If you are unsure of whether or not you meet the Idaho residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.