Idaho Code
Idaho Code § 32-601 (2026)
Dissolution of marriage.
✓ current as of May 2026
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Dissolution of marriage.
Marriage is dissolved only:
1. By the death of one of the parties; or,
2. By the judgment of a court of competent jurisdiction decreeing a divorce of the parties.
Notes of Decisions
Cited in 11
cases, 1961–2014 · leading case: Swope v. Swope, 739 P.2d 273 (Idaho 1987).
Swope v. Swope, 739 P.2d 273 (Idaho 1987). “The district court also directed that the magistrate make findings on whether there had been a common law marriage as a result of the reconciliation.”
Sheppard v. Sheppard, 655 P.2d 895 (Idaho 1982). “I.C. §§ 32-601 through -616, 32-701 through -718, and 32-801 through -805.”
Beesley v. Beesley, 758 P.2d 695 (Idaho 1988). “In computing the worth of the marital assets, it does not appear in the record that sufficient evidence was submitted regarding the debts and assets of both parties accumulated during the separation period from 1977 to 1985.”
Banner Life Ins. v. Mark Wallace Dixson Irrevocable Trust, 206 P.3d 481 (Idaho 2009). “See I.C. § 32-601. 8 . The trial court admitted as much during the hearing on summary judgment, during which it stated: “issues about loans versus gifts and if a gift, to whom, that that’s — can be the stuff of nuances and that's laden with fact .”
Shill v. Shill, 765 P.2d 140 (Idaho 1988). “In the instant case the trial court awarded the respondent one-half of the pension benefits, valued at the time of actual retirement in 1982. That award included increases in pension benefits accruing after the date of divorce, and hence not acquired during marriage, but during…”
Suter v. Suter, 546 P.2d 1169 (Idaho 1976). “Rents and profits as used in this chapter shall mean income only.”
Brinkmeyer v. Brinkmeyer, 21 P.3d 918 (Idaho 2001). “I.C. § 32-601. This litigation has been heavily contested at every stage since October of 1997.”
Stephanie Reed v. Scott Reed, 339 P.3d 1109 (Idaho 2014). “2d 1169, 1174 (1976); I.C. §§ 32-601, 32-602. 6 . There are exceptions to this rule.”
Barnes v. Barnes, 15 P.3d 816 (Idaho 2000). “Idaho Code § 32-601 provides the only manner for a marriage to be dissolved in Idaho, either “[b]y the death of one of the parties; or .”
Duncan v. Jacobsen Constr. Co., 360 P.2d 987 (Idaho 1961). “I.C. § 32-601; Newell v. Newell, 77 Idaho 355 , 293 P.”
Mark Wallace Dixson Irrevocable Trust v. Tammie Sue Dixson (Idaho 2009). “7 Although divorce proceedings were pending at the time of Mark‟s death, a final divorce decree had not been entered.”
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