Idaho Code
Idaho Code § 32-701 (2026)
Residence required by plaintiff.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Residence required by plaintiff.
A divorce must not be granted unless the plaintiff has been a resident of the state for six (6) full weeks next preceding the commencement of the action.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1935–2023 · leading case: Sosna v. Iowa, 419 U.S. 393 (1975).
Sosna v. Iowa, 419 U.S. 393 (1975). “Among the other 48 States, the durational residency requirements are of many varieties, with some applicable to all divorce actions, others only when the respondent is not domiciled in the State, and still others applicable depending on where the grounds for divorce accrued. See…”
O'Holleran v. O'Holleran, 525 P.3d 709 (Idaho 2023). “Christine filed for divorce pursuant to title 32, chapter 7, Idaho Code, which is titled “Divorce Actions” and includes provisions governing divorce, spousal maintenance, child custody, child support, and community property disposition See Idaho Code §§ 32-701 to 32-720. Black’s…”
Robinson v. Robinson, 212 P.2d 1031 (Idaho 1949). “” Section 32-701, I.C. This section does not diminish the jurisdiction of the district court.”
In re the Marriage of Buecking, 316 P.3d 999 (Wash. 2013). “We determined that while the requirement to establish a domicile was a jurisdictional necessity *452 for establishing a court’s subject matter jurisdiction over the marital status, the duration of the residency was not and in no way limited the court’s jurisdiction.”
Angleton v. Angleton, 370 P.2d 788 (Idaho 1962). “” (emphasis supplied) The court also specifically found “that plaintiff should be granted a divorce” and since I.C. § 32-701 provides that a divorce must not be granted unless the residential requirement has been met, the language used (as hereinbefore quoted) imports, and a…”
White v. White, 480 P.2d 872 (Idaho 1971). “Appellant contends the trial court erred in finding respondent was a resident of Idaho for six weeks preceding this action, as required by I.C. § 32-701. Respondent alleged in his complaint that he was a bona fide resident of Idaho.”
Bezold v. Bezold, 504 P.2d 404 (Idaho 1972). “Appellant raises the following issues on appeal: (1) whether a member of the armed forces stationed in Idaho can satisfy the residency requirement of I.C. § 32-701 by living in Idaho for the six week period (respondent had actually resided over two years at the Montain Home Air…”
Bair v. Bair, 415 P.2d 673 (Idaho 1966). “Petitioners allege that Kathryn was not a resident of Idaho for six full weeks next preceding the commencement of her divorce action against Treece as required by I.”
Willis v. Willis, 460 P.2d 396 (Idaho 1969). “The same reasoning applies to the requisite statutory residence of respondent under I.C. § 32-701. This is clearly pointed out in this portion of Robinson: “The respondent in this proceeding seeks to void the decree both on the ground that the court was without jurisdiction, and…”
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980). “1969) (six weeks); Idaho, Idaho Code § 32-701 (Supp.1969) (six weeks); Nevada, Nev.”
Milbourn v. Milbourn, 384 P.2d 476 (Idaho 1963). “I.C. § 32-701. Respondent testified that he did not come to Idaho for the purpose of obtaining a divorce; that he intended to live in Idaho; that he was seeking permanent employment; that he was employed; that he came to Idaho to get away from the circumstances of his life in…”
Jolliffe v. Jolliffe, 278 P.2d 200 (Idaho 1954). “The plaintiff alleges that he has been a resident of this state for more than six weeks next preceding the commencement of the action, as required by § 32-701, I.C., and, as ground for divorce, that the parties “continuously since 1935 have lived separate and apart without…”
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.