Idaho Code
Idaho Code

Idaho Code § 32-702 (2026)

Domicil of parties. 

✓ current as of May 2026
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Domicil of parties. 

In actions for divorce the presumption of law that the domicil of the husband is the domicil of the wife, does not apply. After separation each may have a separate domicil, depending for proof upon actual residence, and not upon legal presumptions.

Notes of Decisions
Cited in 6 cases, 1935–2020 · leading case: Nelson v. Evans, 464 P.3d 301 (Idaho 2020).
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Nelson v. Evans, 464 P.3d 301 (Idaho 2020). · cites it 2× “, I.C. § 32-702 (“In actions for divorce . .”
Donndelinger v. Donndelinger, 690 P.2d 366 (Idaho Ct. App. 1984). · cites it 2× “We award no costs or attorney fees; but the trial court on remand is authorized to make such an award, and to take into consideration the expenses of this appeal, if either party demonstrates an entitlement under the criteria prescribed by I.C. §§ 32-702(2) and 32-705. WALTERS,…”
Bair v. Bair, 415 P.2d 673 (Idaho 1966). · cites it 4× “I.C. § 32-702. Upon the filing of her complaint the district court acquired jurisdiction of the subject matter of the action.”
Jolliffe v. Jolliffe, 278 P.2d 200 (Idaho 1954). “§ 32-702, I.C. There being no proof as to the law of Michigan, it must be presumed to be the same as the law of the forum, and that she could have filed an action for divorce upon those grounds in the state of Michigan.”
N. Pac. Ry. Co. v. Shoshone Cnty., 116 P.2d 221 (Idaho 1941). · cites it 2× “137: “Annually, on or before September 15, the county superintendent shall determine the number of new class room units in the school districts of his county not included in his last annual report, the amount of money required, when added to the proceeds of the minimum district…”
Copenhaver v. Common Sch. Dist. No. 17, 52 P.2d 129 (Idaho 1935). · cites it 4× “, section 32-702, as amended by chapter 205, 1933 Session Laws, page 410, provides that each common and joint common school district “must make a levy ” in the following language: “The annual meeting, in common and joint common school districts, shall determine the amount of…”
— Idaho Code § 32-702(2) — 1 case
Donndelinger v. Donndelinger, 690 P.2d 366 (Idaho Ct. App. 1984). “We award no costs or attorney fees; but the trial court on remand is authorized to make such an award, and to take into consideration the expenses of this appeal, if either party demonstrates an entitlement under the criteria prescribed by I.C. §§ 32-702(2) and 32-705. WALTERS,…”
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