A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Idaho, a spouse seeking to file for divorce must adhere to the state's residency requirements. According to Idaho Code § 32-701, one of the spouses must have been a resident of the state for at least six weeks immediately prior to filing for divorce. The divorce should be filed in the county where the filing spouse resides or where the defendant resides. If the couple has minor children, additional considerations regarding jurisdiction and residency may apply, particularly if the children have lived in a different state within six months prior to the filing. It is important to consult with an attorney to understand how these rules apply to specific circumstances, especially when children are involved, as the laws can become more complex.