Idaho Code
Idaho Code § 32-604 (2026)
Adultery.
✓ current as of May 2026
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Adultery.
Adultery is the voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife.
Notes of Decisions
Cited in 4
cases, 1993–2019 · leading case: Papin v. Papin, 454 P.3d 1092 (Idaho 2019).
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). “” I.C. § 32-604. “Divorces based on adultery should be granted only upon very clear and conclusive evidence of the adultery.”
Gustaves v. Gustaves, 57 P.3d 775 (Idaho 2002). “On July 12, 2000, he issued a memorandum decision in which he found that Jason was entitled to a divorce on the ground of adultery, that it was in the children’s best interests for Jason to have primary physical custody of the children, and that Tricia should be awarded attorney…”
Michael D.C. v. Wanda L.C., 497 S.E.2d 531 (W. Va. 1997). “§ 19-5-3(6) (1991); Idaho Code § 32-604 (1996); 750 Ill. Ann.”
Smith v. Smith, 860 P.2d 634 (Idaho 1993). “The parties separated on August 1, 1989, and Sharon filed for divorce on January 11, 1990, alleging adultery and extreme cruelty under I.C. §§ 32-604, -605. On January 12, 1990, Sharon served Vernon with discovery.”
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