Idaho Code

Idaho Code § 32-603 (2026)

Causes for divorce. 

✓ current as of May 2026
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Causes for divorce. 

Divorces may be granted for any of the following causes:

1.  Adultery.
2.  Extreme cruelty.
3.  Wilful desertion.
4.  Wilful neglect.
5.  Habitual intemperance.
6.  Conviction of felony.
7.  When either the husband or wife has become permanently insane, as provided in sections 32-801 to 32-805, inclusive.
8.  Irreconcilable differences.
Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1967–2022 · leading case: Papin v. Papin, 454 P.3d 1092 (Idaho 2019).
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). · cites it 4× “Idaho Code section 32-603 provides the grounds upon which a court may grant a divorce, including adultery, extreme cruelty, and irreconcilable differences.”
Neustadt v. Colafranceschi, 469 P.3d 1 (Idaho 2020). · cites it 4× “(b) Wife must keep the policy in force after termination of the marriage unless Wife obtains a divorce from Husband under Idaho Code Section 32-603(1) through 32-603(7)[ 1]. During the marriage, the couple was principally supported by substantial sums of money Neustadt received…”
Bell v. Bell, 835 P.2d 1331 (Idaho Ct. App. 1992). · cites it 10× “Although she had requested maintenance in her answer and counterclaim, she chose to receive a disproportionate share of the community assets.”
Ross v. Ross, 648 P.2d 1119 (Idaho 1982). · cites it 4× “2d 1025, 1027 (1972), where the Court was obliged to reverse a divorce decree awarded a husband who didn't ask for or want such relief, but nevertheless felt free to remand the case with directions practically mandating that the wife-at-fault could obtain a "no-fault *1129…”
Gustaves v. Gustaves, 57 P.3d 775 (Idaho 2002). · cites it 2× “That the bonds of matrimony hereto existing between the Plaintiff and the Defendant are hereby and the same are dissolved and the Plaintiff is granted an absolute divorce on the grounds of adultery pursuant to Idaho Code § 32-603 . DATED this 15 day of December, 2000.”
Clair v. Clair, 281 P.3d 115 (Idaho 2012). · cites it 2× “Tracy filed a complaint for divorce in Latah County, Idaho, on July 22, 2010, citing irreconcilable differences pursuant to I.C. § 32-603(8). The parties stipulated to the consolidation of the complaints into the case in Bannock County and agreed to treat Tracy’s complaint as a…”
Neal v. Neal, 873 P.2d 871 (Idaho 1994). · cites it 2× “See I.C. § 32-603. Further, the fault of one spouse, including engaging in adulterous conduct, is a factor which may be considered by the court in awarding maintenance.”
Schwartzmiller v. Winters, 576 P.2d 1052 (Idaho 1978). · cites it 2× “6, § 3; I.C. § 32-603(6), the fact that appellant may have been released on parole before this opinion issued does not moot the case.”
Olsen v. Olsen, 557 P.2d 604 (Idaho 1976). · cites it 3× “I.C. § 32-603, 616 (Ch. 20 §§ 1 and 2 [1971] Idaho Sess.”
Loveland v. Loveland, 422 P.2d 67 (Idaho 1967). · cites it 2× “On October 31, 1964, appellant commenced this action for divorce on grounds of extreme cruelty, I.C. § 32-603, alleging that respondent had been “stepping out with another woman.”
Dyer v. Tsapis, 249 S.E.2d 509 (W. Va. 1978). “13, § 1505(12) [1976]; Idaho Code § 32-603 (8) [1971]; Nev. Rev.”
Lepel v. Lepel, 456 P.2d 249 (Idaho 1969). · cites it 2× “I.C. § 32-603(2). Extreme cruelty includes the infliction of “grievous mental suffering upon the other by one party to the marriage.”
— Idaho Code § 32-603(1) — 1 case
Neustadt v. Colafranceschi, 469 P.3d 1 (Idaho 2020). “(b) Wife must keep the policy in force after termination of the marriage unless Wife obtains a divorce from Husband under Idaho Code Section 32-603(1) through 32-603(7)[ 1]. During the marriage, the couple was principally supported by substantial sums of money Neustadt received…”
— Idaho Code § 32-603(2) — 2 cases
Bell v. Bell, 835 P.2d 1331 (Idaho Ct. App. 1992). “Although she had requested maintenance in her answer and counterclaim, she chose to receive a disproportionate share of the community assets.”
Lepel v. Lepel, 456 P.2d 249 (Idaho 1969). “I.C. § 32-603(2). Extreme cruelty includes the infliction of “grievous mental suffering upon the other by one party to the marriage.”
— Idaho Code § 32-603(6) — 3 cases
Schwartzmiller v. Winters, 576 P.2d 1052 (Idaho 1978). “6, § 3; I.C. § 32-603(6), the fact that appellant may have been released on parole before this opinion issued does not moot the case.”
Butler v. State, 935 P.2d 162 (Idaho 1997).
— Idaho Code § 32-603(8) — 2 cases
Ross v. Ross, 648 P.2d 1119 (Idaho 1982). “2d 1025, 1027 (1972), where the Court was obliged to reverse a divorce decree awarded a husband who didn't ask for or want such relief, but nevertheless felt free to remand the case with directions practically mandating that the wife-at-fault could obtain a "no-fault *1129…”
Clair v. Clair, 281 P.3d 115 (Idaho 2012). “Tracy filed a complaint for divorce in Latah County, Idaho, on July 22, 2010, citing irreconcilable differences pursuant to I.C. § 32-603(8). The parties stipulated to the consolidation of the complaints into the case in Bannock County and agreed to treat Tracy’s complaint as a…”
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