Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Idaho, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and responsibilities regarding marriage and divorce as opposite-sex couples. This means that the legal process for divorce, including the division of assets, spousal support, and the dissolution of the marriage itself, is the same regardless of the gender of the spouses. However, same-sex couples may face additional challenges in matters of child custody, particularly when one spouse is the biological parent and the other is not. If the biological father of a child born to one member of a same-sex marriage did not relinquish his parental rights in writing, he may later assert custody rights. In such cases, the non-biological parent's legal relationship to the child, such as through adoption or de facto parentage, will be crucial in determining custody outcomes. An attorney specializing in family law can provide guidance specific to these complexities in Idaho.