The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.
GROUNDS FOR DIVORCE
Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; nonsupport;insanity; conviction of crime; separation over 3 years;irreconcilable differences.
Residency: Plaintiff must beresident for 6 full weeks before commencing action.
Waiting Period: Decree enteredimmediately on determination of issues.
No Fault: Separation (5 years);irreconcilable differences.
Defenses: Collusion; condonation;recrimination or limitation and lapse of time.
Code Section: 32-603, 608, 610, 616;32-901
Uniform Child Custody Act:1977
Joint Custody:Yes, 32-717B
Grandparent Visitation:Yes, 32-1008
Child's Wishes Considered:Yes
Code Section: 32-717
Community Property: Yes, (32-906).
ANNULMENT AND PROHIBITEDMARRIAGE
Grounds: Underage; former spouseliving; unsound mind; consent obtained by fraud or force; partyphysically incapable of consummating.
Time Limitation: Underage: Anytimebefore majority reached; Spouse living: Anytime during life;Unsound mind: Anytime before death; Fraud: Within 4 years ofdiscovery; Force: Within 4 years of marriage; Incapacity toconsummate: 4 years from marriage.
Legitimacy of Children: Not affectedby annulment unless ground is fraud, that woman was pregnant withanother mans child.
Prohibited Marriages: Incestuous;between ancestor and defendant, brother and sister, uncle andniece, aunt and nephew, first cousins.
Code Section: 32-205, 206, 501 to503
Idaho Bureau of Child SupportEnforcement
Department of Health and Welfare
450 W. State St., 5th Fl.
Boise, ID 83720
Idaho Center for Health Statistics
Boise, ID 83720-9990
Responds to public inquiries for birth and death records datingfrom 1911, and marriage and divorce records dating from 1947.Records prior to 1947 are filed with county recorders. Charges $8for certified copies of all certificates. For inquiries, enclosea stamped, self- addressed envelope.
Idaho Department of Finance
700 W. State St.
State House Mail
Boise, ID 83720-2700
Belton J. Patty, Dir.
Idaho Insurance Department
700 W. State St., 3rd Fl.
Boise, ID 83720
Harry Walrath, Dir.
Idaho State Bar
PO Box 895
Boise, ID 83701
Provides Lawyer Referral Service.
Office of Child Support EnforcementRegional Representative (Idaho)
2201 6th Ave.
Mail Stop RX 34
Seattle, WA 98121
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