Idaho Code
Idaho Code § 32-615 (2026)
Limitations.
✓ current as of May 2026
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Limitations.
A divorce must be denied:
1. When the cause is adultery and the action is not commenced within two (2) years after the commission of the act of adultery, or after its discovery by the injured party.
2. When the cause is conviction of felony, and the action is not commenced before the expiration of one (1) year after a pardon or the termination of the period of sentence.
3. In all other cases when there is an unreasonable lapse of time before the commencement of the action.
Notes of Decisions
Cited in 3
cases, 1935–1993 · leading case: Smith v. Smith, 860 P.2d 634 (Idaho 1993).
Smith v. Smith, 860 P.2d 634 (Idaho 1993). “Here, the trial court was in the best position to view the evidence and determine the credibility of the evidence presented by the parties.”
Jolliffe v. Jolliffe, 278 P.2d 200 (Idaho 1954). “§ 32-615, subsection 3, I.C. Appellant contends that, because her husband during all that time was a resident of Canada, she could not file an action for divorce on those grounds until he commenced his action in Idaho.”
Copenhaver v. Common Sch. Dist. No. 17, 52 P.2d 129 (Idaho 1935). “, section 32-615, the board of trustees of a school district is empowered as well as charged with the specific duty of employing certified teachers (Corum v.”
— Idaho Code § 32-615(1) — 1 case
Smith v. Smith, 860 P.2d 634 (Idaho 1993). “Here, the trial court was in the best position to view the evidence and determine the credibility of the evidence presented by the parties.”
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