Under Idaho law, after how many years of separation can a person file for divorce against his/her spouse?

Full question:

My wife and I are living separately for 7 years now. Under the Idaho law, after how many years of separation can a person file for divorce against his/her spouse?

  • Category: Divorce
  • Subcategory: Grounds
  • Date:
  • State: Idaho

Answer:

In Idaho, when married persons have lived separately for more than 5 years without cohabitation then either party may file for divorce. The relevant statutory provision is stated below.
Idaho Code § 32-610 reads:
“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.”
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When spouses live separately, it can impact their marital relationship and legal standing. In some cases, living apart may lead to a divorce filing if the separation meets state requirements. In Idaho, if they have lived apart for more than five years without cohabitation, either spouse can file for divorce. Additionally, living separately may affect issues like property division and alimony during divorce proceedings.