Idaho Code
Idaho Code

Idaho Code § 32-610 (2026)

Separation without cohabitation. 

✓ current as of May 2026
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Separation without cohabitation. 

When married persons have heretofore lived or shall hereafter live separate and apart for a period of five (5) years or more without cohabitation, either party to the marriage contract may sue for a divorce which shall be granted on proof of the continuous living separate and apart without cohabitation of the spouses during said period of five (5) years or more.

Notes of Decisions
Cited in 8 cases, 1949–1978 · leading case: White v. White, 480 P.2d 872 (Idaho 1971).
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White v. White, 480 P.2d 872 (Idaho 1971). · cites it 14× “We need not decide these issues, because the judgment of divorce must be affirmed on the basis of I.C. § 32-610. The pleadings did raise the § 32-610 ground, though relief was not specifically requested on that basis.”
Howay v. Howay, 264 P.2d 691 (Idaho 1953). · cites it 2× “In 1945 it added to the grounds for divorce in this state what is now section 32-610, I.C., providing that: “When married persons have heretofore lived or shall hereafter live separate and apart for a period of five years or more without cohabitation, either party to the…”
Adams v. Adams, 403 P.2d 593 (Idaho 1965). · cites it 6× “At the second trial, held March 31, 1964, the ground of wilful desertion was deleted and the case was tried solely on the grounds of living separate and apart without cohabitation under I.C. § 32-610. On April 24, 1964, the trial court again granted a divorce to plaintiff.”
Jolliffe v. Jolliffe, 278 P.2d 200 (Idaho 1954). · cites it 3× “§ 32-610, I.C.. The parties were married November 10, -1928.”
Dyer v. Tsapis, 249 S.E.2d 509 (W. Va. 1978). “Laws § 580-41(11) [1972]; Idaho Code Ann. § 32-610 [1945]; La. Rev.”
Vaughn v. Vaughn, 428 P.2d 50 (Idaho 1967). · cites it 2× “[I.C. § 32-610] The theory here is that when the parties have, by their own ac *548 tions, severed the marriage tie in fact,, the court should sever the legal tie.”
Finnegan v. Finnegan, 285 P.2d 488 (Idaho 1955). “§ 32-610, I.C.; annotation 152 A.L.R. 336 ; cf.”
Jordan v. Jordan, 210 P.2d 934 (Idaho 1949). · cites it 2× “Respondent based his cause of action on the provisions of Section 32-610, I.C. which provides: “When married persons have heretofore lived or shall hereafter live separate and apart for a period of five years or more without cohabitation, either party to the marriage contract…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.