Idaho Divorce Procedures

Idaho Divorce Procedures

Complete overview of Idaho divorce laws for people considering an Idaho divorce or filing an Idaho divorce with issues to be resolved about child custody, child support, visitation and alimony.

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. 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.

Idaho Grounds for Divorce

The Complaint for Divorce is the initial document filed with the Idaho court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

Divorces may be granted for any of the following causes:

No-Fault Based Grounds:
1) Irreconcilable differences. 2) Living separate and apart for a period of five years or more without cohabitation.

Fault Based Grounds:
1) Adultery. 2) Extreme cruelty. 3) Wilful desertion. 4) Wilful neglect. 5) Habitual intemperance. 6) Felony conviction. 7) Insanity.

(Idaho Code – Title 32 – Chapters: 603, 610)

Every divorce case that is filed in the state of Idaho must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.

Idaho Uncontested Divorce

This information is an overview of the uncontested Idaho divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Idaho.

To file for divorce in Idaho, one spouse must be a resident of the state for a full six weeks prior to filing the action. The divorce should be filed:

a) in the county where the Defendant resides or;
b) if he or she is not a resident of the state, in the county where the Plaintiff resides or designates in the complaint.

Grounds for divorce in Idaho are No Fault, which means:
1) irreconcilable differences and;
2) living separate and apart without cohabitation for five years. Fault grounds include: a) adultery; b) permanent insanity; c) conviction of felony; d) willful desertion; e) extreme cruelty; f) willful neglect and habitual intemperance (drunkenness).

In divorce actions, the filing spouse is called the Plaintiff; the responding spouse, the Defendant. Actions are filed in the District Court of the county.

Couples who are in agreement about their divorce may be able to file an agreed divorce in some Idaho counties. Otherwise, couples file for divorce using forms that depend up whether or not they have minor children. Here are the forms that must be filed in the county clerk’s office:

a) Complaint for Divorce, D 1-5 (for actions with minor children) or CA0 D 1-6 (no minor children), which identifies the parties, the grounds and the relief sought;

b) Summons, FL 1-3 (with minor children) or CL 1-1 (no minor children), which puts the Respondent on notice that the action has been filed and informs him or her of his or her rights;

c) Certificate of Divorce or Annulment, which must be obtained from the Court Clerk or the court Assistance Office;

d) Family Law Case Information Sheet, FL 1-16, which identifies the parties and the particulars of the case.

Divorcing spouses with children must also do the following:

a) File for an Order to Attend Divorce Orientation/Parenting Workshop;

b) File a Child Support Affidavit, DCP 1-11, which spells out the particulars of child support;

c) Complete a Child Support Worksheet, DCP 1-12 or 1-13, which spells out the calculations involved in the child support;

d) File a Parenting Plan, DCMP 3, which spells out the terms and conditions of custody and visitation.

The Defendant must be properly served. This happens in one of the two following ways:

a) When the Defendant cooperates, the Plaintiff mails or personally delivers to him or her a confirmed copy of the Complaint, Summons and an Acknowledgment of Service, which he or she signs in the presence of a Notary Public and returns to the Clerk of the Court. When this happens, the Defendant normally signs the Acknowledgment and Consent to Divorce, and the action moves uncontested.

b) When the Defendant will not cooperate, a copy of the Summons, Complaint and an Affadavit of Service is mailed or delivered to a sheriff, professional process server or any other person 18 or older, who delivers the divorce papers to him or her. This person — the sheriff, process server or private individual — completes and Affidavit of Service, which become part of the record of the case.

When a party cannot or will not be located, the Plaintiff must file additional forms that include:

a) An Affidavit and Motion for Service by Publication, Ci 1-7;
b) An Order for Service, Ci 1-8;
c) A Summons by Publication, D 1-2;
d) An Affidavit of Mailing Per Order for Publication, Ci 2-5.

The Plaintiff must make a good faith (“diligent”) search for the Defendant, which includes contacting his or her parents, friends, department of motor vehicles, voter registration, searches of city directories and telephone books, contacting agencies such as Social Security and the Veterans Administration. When these avenues have been exhausted fruitlessly, the Plaintiff may file the Affidavit and Motion for Service. The Summons must be published once a week for four consecutive weeks.

If a Defendant fails to respond to the divorce papers by filing an Answer, 20 days later a default judgment against him or her may be entered in favor of the Plaintiff. The mandatory 20-day waiting period between the time a spouse is served and the time a default judgment may be entered is from either:

1) the date he or she signed the acknowledgment of service;
2) the date the process server delivered the divorce papers;
3) the last date the summons was published in the newspaper.

If the Defendant files an Answer and Counterclaim, the Plaintiff has 20 days from the date of the filing to respond. If the Plaintiff does not respond, the court may order a default against him or her and the Defendant may be awarded everything he or she asks for in the Answer and Counterclaim.

When the Defendant files an Answer and Counterclaim, he or she may be preparing for a contested divorce. If, however, the couple reach agreement, they can finalize the action by Sworn Stipulation for Enter of a Divorce.

If the Defendant fails to respond within the time limits, the Plaintiff files a Motion and Affidavit for Default.

Under certain conditions, a Plaintiff who cannot afford filing fees be exempted by filing:

a) A Fee Waiver Affidavit;
b) An Order Allowing Waiver of Filing Fee.

In divorces with or without children, the Family Law Case Information Sheet, Summons, Affidavit of Service, Acknowledgement of Service And Consent to Decree, Motion and Affidavit for a Default, Default, Certificate of Divorce are identical forms.

Idaho Simplified Divorce Procedures

Divorces may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder’s office.

[Idaho Code; Title 32, Chapters 917 and 918].

Each state has its own unique filing procedure. When filing for divorce in Idaho, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You will discover that some documents may be provided by the Idaho Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Idaho Laws and the filing requirements.

Idaho Property Division Factors

In Idaho, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the District Court within the Decree of Divorce.

Idaho is considered a “Community Property” state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the District Court if the spouses are unable to reach an agreement.

The community property must be assigned by the court (if the parties cannot agree) in such proportions as the court, from all the facts of the case and the condition of the parties, deems just, with due consideration of the following factors:

1) Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses;

2) Factors which may bear upon whether a division shall be equal, or the manner of division, include, but are not limited to: a) Duration of the marriage;
b) Any antenuptial agreement of the parties; provided, however, that the court shall have no authority to amend or rescind any such agreement;
c) The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse;
d) The needs of each spouse;
e) Whether the apportionment is in lieu of or in addition to maintenance;
f) The present and potential earning capability of each party; and
g) Retirement benefits, including, but not limited to, social security, civil service, military and railroad retirement benefits.

(Idaho Code – Title 32 – Chapters: 712, 903)

Since Idaho is a “Community Property” state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered “up for grabs” in the divorce will be distributed equally to each spouse. Obviously this does not entail splitting a car in half so to speak, but rather each spouse will be rewarded with assets of equal value.

Idaho Spousal Support/Maintenance/Alimony Factors

In Idaho the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

The court shall order maintenance in such amounts and for such periods of time that the court deems appropriate once considering the following factors:

a) The financial resources of the party who desires support;
b) The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;
c) The length of the marriage;
d) The age and the physical and emotional condition of the party seeking maintenance;
e) The ability of the party from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
f) The tax repercussions;
g) The marital fault of each party.

(Idaho Code – Title 32 – Chapters: 705)

Idaho Child Custody Factors

In Idaho, when making a custody decision, the court shall consider all relevant factors which may include:

a) The wishes of the child’s parent or parents as to his or her custody;

b) The wishes of the child as to his or her custodian;

c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;

d) The child’s adjustment to his or her home, school, and community;

e) The character and circumstances of all individuals involved;

f) The need to promote continuity and stability in the life of the child; and

g) Domestic violence, whether or not in the presence of the child.

(Idaho Code – Title 32 – Chapters: 717)

In Idaho, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

Idaho Child Support Factors

The court may order either or both parents to provide child support until the child is 18, without regard to marital misconduct, and based upon the following factors:

a) the financial resources of the child;
b) the standard of living the child would have enjoyed if the marriage had not been dissolved;
c) the physical and emotional conditions and educational needs of the child;
d) the financial resources, needs, and obligations of both the noncustodial and the custodial parent [normally, not including the parent’s community property share of the financial resources or obligations with a new spouse];
e) the availability of reasonable medical insurance coverage for the child; and
f) the actual tax benefits achieved by the parent claiming the federal dependency exemption for income tax purposes.

There are provisions in Idaho for child support payments to be paid to the clerk of the court unless otherwise ordered by the court. There are specific child support guidelines adopted by the Idaho Supreme Court which are presumed to be correct unless evidence is presented that shows that the award would be inappropriate or unjust. Finally, all child support orders issued in Idaho must contain provisions allowing enforcement of the order by income withholding.

[Idaho Code; Title 32, Chapters 706, 706A, and 1201+].

Idaho child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Idaho child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Idaho child support deviation factors that may be applicable to the situation.

Idaho Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted when the grandparent has established a substantial relationship with the child. Title 32, Section 32-1008 (I.C. §32-1008).

When Adoption Occurs: Adoption terminates all rights.

Child Custody Statutes: Best interest of child considering: a) wishes of parties; b) wishes of child; c) interaction and interrelationship between the child and parties, siblings and other significant persons; d) adjustment to home, school and community; e) mental and physical health of all persons involved; f) need to promote continuity and stability in the child’s life; and g) any history of domestic violence. I.C. §32-717.

Parents May Choose: Yes

Idaho Child Support Guidelines

The Idaho child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Idaho child support order.

Idaho Child Support Guidelines

> Income Share Model *: YES
> Percent of Income Model *: NO
> Worksheets Available: YES
> Extraordinary Medical Expenses Add on: YES
> Childcare Add on: YES
> Secondary Education Support: NO
> UIFSA: YES

* The Income Shares Model: Idaho child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Idaho child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.

For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.

As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.

For example: It is not common for a custodial parent to be paying support to a non-custodial parent.

Idaho Child Support Definitions

The Child Support Guidelines are intended to give specific guidance for evaluating evidence in child support proceedings. Acknowledging there are diverse needs and resources in individual cases, the following Guidelines will produce a more equitable and uniform approach in establishing child support obligations. The Guidelines may be referred to as the Idaho Child Support Guidelines (I.C.S.G.).

Application.

The Guidelines apply to determinations of child support obligations in all judicial proceedings that address the issue of child support for children under the age of eighteen years or children pursuing high school education up to the age of nineteen years. Support for post-secondary education after age eighteen is beyond these Guidelines.

Function of Guidelines.

The Guidelines are premised upon the following general assumptions: (a) the costs of rearing a child are reasonably related to family income, and the proportion of family income allocated to child support remains relatively constant in relation to total household expenditures at all income levels; (b) in relation to gross income, there is a gradual decline in that proportion as income increases; (c) the Guidelines amount is the appropriate average amount of support during the minority of the child at a given parental income, so that age-specific expenses do not alter the Guidelines amount. These assumptions may not be accurate in all cases. The amount resulting from the application of the Guidelines is the amount of child support to be awarded unless evidence establishes that amount to be inappropriate. In such case the court shall set forth on the record the dollar amount of support that the Guidelines would require and set forth the circumstances justifying departure from the Guidelines; and (d) child support received and the custodial parent’s share of support are spent on the child(ren).

Basic Guideline Principles.

These Child Support Guidelines are premised upon the following basic principles to guide parents, lawyers, and courts in arriving at child support obligations:

a) Both parents share legal responsibility for supporting their child. That legal responsibility should be divided in proportion to their Guidelines Income, whether they be separated, divorced, remarried, or never married.

b) In any proceeding where child support is under consideration, child support shall be given priority over the needs of the parents or creditors in allocating family resources. Only after careful scrutiny should the court delay implementation of the Guidelines amount because of debt assumption.

c) Support shall be determined without regard to the gender of the custodial parent.

d) Rarely should the child support obligation be set at zero. If the monthly income of the paying parent is below $800.00, the Court should carefully review the incomes and living expenses to determine the maximum amount of support that can reasonably be ordered without denying a parent the means for self-support at a minimum subsistence level. There shall be a rebuttable presumption that a minimum amount of support is at least $50.00 per month per child.

Modifications.

The amount of child support provided for under these Guidelines may constitute a substantial and material change of circumstances for granting a motion for modification for child support obligations. A support order may also be modified to provide for health insurance not provided in the support order.

Income Determination–Income Defined.

For purposes of these Guidelines, Guidelines Income shall include: a) the gross income of the parents and; b) if applicable, fringe benefits and/or potential income; less adjustments.

Gross Income Defined.

1) Gross income.

(i) Gross income includes income from any source, and includes, but is not limited to, income from salaries, wages, commissions, bonuses, dividends, pensions, interest, trust income, annuities, social security benefits, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, alimony, maintenance, any veteran’s benefits received, education grants, scholarships, other financial aid and disability and retirement payments to or on behalf of a child. The court may consider when and for what duration the receipt of funds from gifts, prizes, net proceeds from property sales, severance pay, and judgments will be considered as available for child support. Benefits received from public assistance programs for the parent shall be included except in cases of extraordinary hardship. Child support received is assumed to be spent on the child and is not income to the parent.

(ii) Compensation received by a party for employment in excess of a 40-hour week shall be excluded from gross income provided the party demonstrates and the Court finds: 1) the excess employment is voluntary and not a condition of employment, 2) the excess employment is in the nature of additional, part-time employment or is employment compensable as overtime pay by the hour or fractions of the hour, 3) the party’s compensation structure has not been changed for the purpose of affecting a support or maintenance obligation, 4) the party is otherwise paid for full-time employment at least 48 weeks per year, and 5) child support payments are calculated based upon current income. This provision is intended to benefit those who already work a full-time job and undertake voluntary, additional employment. It is not intended to benefit self-employed individuals who maywork more than 40 hours per week, those that may be seasonably employed in more than one job (none of which is full time), those who may be employed in excess of 40 hours per week for part of the year but are not employed full time for most of the year, nor those whose employer regularly requires overtime as part of their employment.

2) Rents and business income. For rents, royalties, or income derived from a trade or business (whether carried on as a sole proprietorship, partnership or closely held corporation), gross income is defined as gross receipts minus ordinary and necessary expenses required to carry on the trade or business or to earn rents and royalties. Excluded from ordinary and necessary expenses under these Guidelines are expenses determined by the court to be inappropriate for determining gross income for purposes of calculating child support. In general, income and expenses from self-employment or operation of a business should be carefully reviewed to determine the level of gross income of the parent to satisfy a child support obligation. This amount may differ from a determination of business income for tax purposes. Additionally, specifically permitted are the following deductions, unless, in the sole discretion of the Court, permitting any or all of such deductions would result in an unequitable or inappropriate amount of child support in view of all the circumstances:

A) Straight line depreciation for the life of the asset.

B) One-half of the self-employment social security tax paid on the trade or business income.

3) Income of parents and spouse. Gross income ordinarily shall not include a parent’s community property interest in the financial resources or obligations of a spouse who is not a parent of the child, unless compelling reasons exist.

4) Contributions to living expenses. Where a parent derives a benefit through contribution to living expenses of the parent or children, e.g., from parents, spouse or others, or by sharing expenses, the court shall not consider the benefit to the parent as an available resource, unless compelling reasons exist.

5) Fringe Benefits Defined. Fringe benefits received by a parent in the course of employment, or operation of a trade or business shall be counted as income if they are significant and reduce personal living expenses. Such fringe benefits might include a company car, free housing, or room and board.

6) Potential Income. (1) Potential earned income. If a parent is voluntarily unemployed or underemployed, child support shall be based on gross potential income, except that potential income should not be included for a parent that is physically or mentally incapacitated. A parent shall not be deemed underemployed if gainfully employed on a full-time basis at the same or similar occupation in which he/she was employed for more than six months before the filing of the action or separation of the parties, whichever occurs first. Ordinarily, a parent shall not be deemed underemployed if the parent is caring for a child not more than 6 months of age. Determination of potential income shall be made according to any or all of the following methods, as appropriate:

A) Determine employment potential and probable earnings level based on the parent’s work history, occupational qualifications, and prevailing job opportunities and earnings levels in the community.

B) Where a parent is a student, potential monthly income during the school term may be determined by considering student loans from any source.

7) Potential unearned income. If a parent has assets that do not currently produce income, or that have been voluntarily transferred or placed in a condition or situation to reduce earnings, the court may attribute reasonable monetary value of income to the assets so that an adequate award of child support may be made.

Adjustments to Gross Income.

Alimony, Maintenance, and Other Child Support Obligations.

1) Other court orders. A deduction shall be allowed from Gross Income for payment being made pursuant to any other court order for child support from another relationship or spousal maintenance in the amount of the payments currently being made.

2) Support paid without court order. A deduction shall be allowed from Gross Income for payments without court order currently being made (or an average thereof, if amounts vary) for the support of a child from another relationship where that parent has established a regular pattern of payment.

3) Support of other children living in home. Because the custodial parent’s share of support is presumed to be spent directly on the child, a deduction shall be allowed from Gross Income when a natural or adopted child of another relationship resides in the home of either parent. The deduction shall be the Guideline support amount calculated for that child, using only that parent’s income.

Adjustments to the Award of Child Support.

a) Child Care Costs. A basic child support award does not cover work-related child care expenses. The court may order an additional amount to cover reasonable net child care expenses (reasonable child care costs minus child care tax credits) up to a pro-rata sharing of the expenses in proportion to their Guideline Income.

b) Tax Benefits. The actual federal and state income tax benefits recognized by the party entitled to claim the Federal Child Dependency Exemption should be considered in making a child support award. Unless the parties agree otherwise, the court should assign the dependency exemption(s) to the parent who has the greater income and calculate the tax benefit to each parent from the table below using the marital status and guidelines income of each parent at the time of the child support award calculation. The tax benefit to each parent shall be calculated from the table below using the marital status and guidelines income of each parent at the time of the child support award calculation.

The parent not receiving the exemption(s) is entitled to a pro rata share of the income tax benefit or child tax credit in proportion to his/her share of the guidelines income. The pro rata share of the income tax benefit will be either a credit against or in addition to the basic child support obligation and shall be included in the child support order.

c) Health insurance premiums and health care expenses not covered by insurance. (1) For each child support order, consideration should be given to provision of adequate health insurance coverage for the child. Such health insurance should normally be provided by the parent that can obtain suitable coverage through an employer at the lower cost. The actual cost paid by either party for health insurance premiums or for health care expenses for the children not covered or paid in full by insurance, including, but not limited to orthodontic, optical, and dental, shall be prorated between the parents in proportion to their Guidelines Income. These payments shall be in addition to the child support award and will be paid directly between the parties. The pro rata share of the monthly insurance premium may instead be either a credit against or in addition to the basic child support obligation.

d) Any claimed health care expense for the children (whether denominated as psychiatric, psychological, special education, addiction treatment, or counseling in any form and including regular medical or dental care), whether or not covered by insurance, which would result in an actual out-of-pocket expense of over $500 to the parent who did not incur or consent to the expense, must be approved in advance, in writing, by both parties or by prior court order. Relief may be granted by the Court for failure to comply under extraordinary circumstances and the Court may, in its discretion, apportion the incurred expense in some percentage other than that in the existing support order and in so doing, may consider whether consent was unreasonably requested or withheld.

Idaho Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Idaho Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Plaintiff

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Defendant

The spouse who does not initiate the Divorce with the court.

Court Name:
In the District Court of the __________ Judicial District of the State of Idaho, in and for the County of __________.

The proper name of the court in which a Divorce is filed in the state of Idaho. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Complaint for Divorce

The title and name of the legal document that will initiate the Idaho Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Decree of Divorce

The title and name of the legal document that will finalize the Idaho Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

There is no legal provision in Idaho for legal court-ordered separation. However, the spouses may live separate and apart. [Idaho Code; Title 32, Chapter 610].

Property Distribution:
Community Property

The applicable Idaho law that will dictate how property and debt is to be divided upon Divorce.

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