Idaho
IdahoIdaho 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. Divorce Law 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 CHILD CUSTODY Uniform Child Custody Act:1977 Joint Custody:Yes, 32-717B Grandparent Visitation:Yes, 32-1008 Child's Wishes Considered:Yes Code Section: 32-717 MARITAL PROPERTY 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 RESOURCES Idaho Bureau of Child SupportEnforcement Department of Health and Welfare 450 W. State St., 5th Fl. Boise, ID 83720 Phone: (208)334-5711 Fax: (208)334-0666 Idaho Center for Health Statistics State House Boise, ID 83720-9990 Phone: (208)334-5988 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 Phone: (208)334-3319 Belton J. Patty, Dir. Idaho Insurance Department 700 W. State St., 3rd Fl. Boise, ID 83720 Phone: (208)334-2250 Harry Walrath, Dir. Idaho State Bar PO Box 895 Boise, ID 83701 Phone: (208)342-8958 Fax: (208)342-3799 Provides Lawyer Referral Service. Office of Child Support EnforcementRegional Representative (Idaho) 2201 6th Ave. Mail Stop RX 34 Seattle, WA 98121 Phone: (206)615-2552 © 1997 Flying Solo™. All rights reserved. Legal Notices
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