What are Idaho Divorce Records?
Idaho divorce records are the totality of documents and other generated media, issued by official Idaho authorities that prove that a divorce has been completed. A divorce record contains information about the divorced parties, the location and date of the divorce, terms of settlement, and all other details about the divorce proceedings. According to the United States Census Bureau, Idaho was the state with the 23rd highest divorce rate, at 8.2 divorces per 1,000 women under 15 years old.
Marriages in Idaho may end by annulment or by divorce. Also called nullity of marriage, an annulment ends a marriage and does not legally recognize that the marriage ever took place. If an annulled marriage is a person’s first marriage, the State of Idaho assumes that the person has never been married. Idaho Law allows the following as acceptable grounds for annulment:
- One or both parties were under 18 years old and did not have parental consent at the time of solemnization
- One or both parties was previously married at the time of solemnization, and the marriage had not yet ended
- The consent of one or both parties was obtained by fraud, except if the person chooses to remain in the marriage after full disclosure of all the fraudulent facts
- One or both parties consented to the marriage under duress
- One or both parties were physically incapable of sexual intercourse, and the problem appeared to be permanent.
A divorce, on the other hand, ends a legally solemnized marriage. The divorce recognizes that both parties were married, but now have no marital obligations between them, except as ordered by a court.
Idaho allows both fault-based and no-fault divorces. For a no-fault divorce, the filing party does not have to prove that their spouse did something wrong. The divorce may be granted simply by citing irreconcilable differences between both partners. For a fault-based divorce, the filing party would have to prove to the court that their partner did something wrong, causing a problem in the marriage.
According to Idaho Divorce Law, the following are acceptable grounds for divorce:
- Extreme cruelty
- Willful neglect—where the husband has refused to provide for his wife for at least 1 year, because of laziness or a decision not to work
- Felony conviction
- Permanent insanity—where the spouse is admitted in a mental institution for at least three years
- Habitual drunkenness for at least 1 year
- Willful desertion—where one spouse deliberately lived away from the other for at least 1 year, to abscond from the marriage
While it is not necessary to prove any fault, filing a fault-based divorce might help one spouse with settlement terms after the divorce, including the distribution of assets and liabilities, financial responsibilities, or child support, visitation, and custody.
A divorce is granted when the court passes a final judgment and issues a divorce decree. The divorce decree is then filed with the clerk of the county where the divorce was granted. Divorces in Idaho usually take between 30 and 90 days. This depends on several factors, including if the divorce is contested by one party, the court’s caseload, and the court’s availability of judges.
Are Divorce Records Public in Idaho?
Idaho divorce records are private records and are only accessible by a small group of eligible persons. However, after 50 years from the divorce date, these records are no longer confidential and may be accessed by anybody.
What are the types of Divorce Records available in Idaho?
Idaho divorce records include divorce certificate and divorce decree.
A divorce certificate is a simple document which includes summarized information about a divorce. The divorce certificate carries the names of the divorced parties, and date and place the divorce took place. This type of record can be legally used as proof of a divorce without giving off any specific divorce details. A divorce certificate may be used for several purposes, including a name change, inheritance, and getting a passport. Divorce certificates are available from the Idaho Bureau of Vital Records and Health Statistics.
A divorce decree is a court record that includes more information than the divorce certificate. The divorce decree is an exhaustive court record that contains details of the divorce proceedings and shows the settlement terms between the former spouses. These terms differ between cases and may include alimony payments, distribution of assets and liabilities, child visitation and custody, and all other obligations the court may consider necessary. The divorce decree is available with the Clerk of County where the divorce took place.
How Do I Get Divorce Records in Idaho?
Accessing a divorce record depends on the record and the agency in charge. Obtaining an Idaho divorce decree requires contacting the clerk in the county where the divorce was granted. To find the location and contact details of a county clerk, use the County Clerk List provided by the Idaho Administration and Elections Office.
Divorce certificates are maintained and issued by the Idaho Bureau of Vital Records and Health Statistics. Available certificates are for divorces finalized from May 1947 to the present. Older divorce certificates may be available in the county of divorce. Divorce certificates are available online and by mail.
To request a divorce certificate by mail, download and complete the Idaho Vital Statistics Certificate Request Form, or write a letter containing all the information required on the form. Each certified copy costs $21 for the first copy, and each additional copy costs $16. Non-certified copies cost $16 each. Enclose the document with a copy of a valid government-issued ID and a check or money order with the appropriate fee, made out to Idaho Vital Records. Mail the request to:
Idaho Bureau of Vital Records and Health Statistics
PO Box 83720
Boise, ID 83720–0036
While divorce and marriage records may be searched through government sources and organizations, the availability of these documents cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these entities are not government-sponsored therefore, record availability may vary further. Also, note that marriage and divorce records are considered extremely private due to the information the records contain, and are often sealed. Hence, bear in mind that these factors determine the availability of any type of marriage or divorce record.
Who Can Obtain Divorce Records in Idaho?
Idaho divorce records are only available to eligible persons, including the persons named on the records, legal representatives, immediate family members, and people who can prove that access to the record is required for their property rights. However, all divorce records are accessible by the general public after 50 years from the divorce date.
Are Idaho Divorce Records available online?
Idaho does not have a central repository for divorce records. Regardless, access to court records is available through its iCourt Portal. The information available on the portal is however limited and does not contain extensive details.
Some large counties like Ada and Canyon have individual portals where members of the public may access court records as Civil or Family Law cases. Similarly, divorce information available on these platforms is limited. Access to these platforms may cost a fee.
How Do I Seal My Divorce Records in Idaho?
Sealing records requires filing a motion with the judge in the court where the divorce was granted. Records are only sealed by a court order. To seal a record, the party filing the request must inform all other parties to the divorce proceedings, including anyone else the court decides must be aware.
Depending on the reason for the request, the judge may order that the records be temporarily sealed throughout the process, if the court finds that doing this may prevent harm to one or more persons involved. According to Idaho Court Administrative Rule 32, the following are common reasons for sealing records:
- The documents contain intimate facts or statements that should remain private
- The documents contain facts or statements that the court considers libelous
- The documents contain facts or statements that could affect a person’s financial security
- The documents contain information that could endanger the life of one or more related parties
- Sealing the records is necessary to preserve a person’s right to a fair trial
When a judge grants a request to seal, the clerk of the District Court must be informed. Access to sealed records must be restricted and original copies may not be altered. Instead, all physical files shall be marked “Sealed” on the cover folder. If the court orders a file redacted, then a redacted copy visibly marked, may replace the original in the court file. Access to electronic files must also be strictly limited, according to the court order.
While the records remain sealed, any order sealing or redacting a record may be accessed by the public, without disclosing any information contained in the record. Seal orders are not permanent and may be amended or completely overturned at any time.