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Filing for divorce in Idaho

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Idaho court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
CAO D 1-5 Petition with children, or CAO D 1-6 without children
CAO FL 1-3 Summons and the Family Law Case Information Sheet
Joint Temporary Restraining Order, served with the petition
Parenting Plan, Affidavit Verifying Income, and child support worksheets, if you have children
Acknowledgment of Service, or proof of personal service
Inventory of Property and Debts and Mandatory Child Support Disclosures, exchanged not filed
Sworn Stipulation for Entry of Divorce Decree, or default paperwork
CAO FW 1-9 fee waiver with the FW 1-10 proposed order
Where you fileDistrict court in your county, after six weeks of Idaho residency. Court Assistance Offices will review your forms before you file.
What it costsAbout $221, plus roughly $20 for the Focus on Children class if you have children. Waivable.
The sequence
1. Complete the petition, summons, and case information sheet, then have them reviewed free at a full-service Court Assistance Office.
2. File with the clerk. If you have minor children, the clerk gives you an Order to Attend a parenting program, which you must serve on your spouse along with the summons and petition.
3. Ask the clerk to conform your copies by stamping and dating them, which saves copy fees later.
4. Serve your spouse. They have 21 days to file a response, or a response and counterclaim if they want different terms.
5. If a response is filed, exchange mandatory disclosures within 35 days. File only the certificate of service, not the disclosures themselves.
6. Wait the 20-day period from service, or 21 days if finishing by default, complete the parenting workshop, then finalize by stipulation or default.
Ask the clerk or court assistance officer whether your particular judge requires a hearing. Idaho is a community property state, so assets and debts acquired during the marriage are divided substantially equally.
Court forms

Idaho files a Petition for Divorce in the district court, most easily through the Idaho Court Assistance Office self-help forms (CAO D packet). Filing fees run about $207 to $221, waivable for low-income filers. Parents with minor children complete the Focus on Children class (about $20).

Idaho Court Assistance Office: divorce self-helpFree official CAO divorce forms and guided questionnaires, with fee waivers.
State rules and gotchas

One of the shortest residency rules in the country: just six weeks Verified Jul 2026

Idaho requires only six full weeks (42 days) of residency before filing, among the shortest in the nation, with no county requirement. After you file and serve your spouse, a 20-day waiting period runs before a judge can enter the decree, so an uncontested case can wrap up in a couple of months.

Source: Idaho Code Sections 32-701 and 32-716. Confirm the current rule with the court before relying on it.

No separation needed, and your spouse cannot block it Verified Jul 2026

Idaho requires no period of living apart; you can file the day the marriage feels over. It is a unilateral no-fault state, so if your spouse ignores the petition you can proceed by default, and even a contested case can be granted over their objection once irreconcilable differences are shown.

Source: Idaho Code Section 32-603. Confirm with the court.

Community property means a roughly even split Verified Jul 2026

Idaho is one of nine community-property states: property and debts acquired during the marriage are presumed owned equally and divided substantially equally, unless compelling reasons justify otherwise. Separate property (owned before the marriage, or received by gift or inheritance) stays with its owner unless it was commingled.

Source: Idaho Code Section 32-712. Confirm with the court.

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