Idaho · Divorce laws · Updated Oct 2026

Idaho divorce laws

Who can file for divorce in Idaho, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.

6 weeksresidency to file
See the rulewaiting period
Irreconcilable differencesno-fault ground
Community propertyproperty
$207filing fee

Where and how to file in Idaho

Who can file (residency)
The person filing must have lived in Idaho for 6 full weeks before filing.
Waiting period
Your divorce can't be finalized until at least 20 days after your spouse is served (21 days if it is entered by default). A contested case often takes 6 months or more.
Court
District Court (magistrate division) in the county where you or your spouse live
Official forms
Divorce forms (Idaho courts)
Court self-help
Divorce self-help (Idaho courts)
Filing fee
$207 to file a divorce (with or without children); $136 to file a response (Idaho Court Assistance Office).
If you can't afford the fee
File a fee waiver request (CAO FW 1-9) with a proposed Order Re: Fee Waiver (FW 1-10), available on the Court Assistance Office forms pages.
Simpler process for agreed cases
If you both agree, you can finalize by Sworn Stipulation using the court's forms. If your spouse doesn't respond, you can ask for a default divorce. Both need to exchange mandatory disclosures within 35 days after a response unless resolved earlier.
E-filing
Yes. Self-represented people can prepare and e-file through Idaho Guide and File / iCourt: https://guideandfile.idaho.gov
Law
Idaho Code 32-701 · Idaho Code 32-716; Idaho Court Assistance Office divorce instructions

Divorce in Idaho, step by step

  1. Check that you can file in Idaho

    The person filing must have lived in Idaho for 6 full weeks before filing.

  2. Get the official forms

    Use the court's official divorce forms: Divorce forms (Idaho courts) If you both agree, you can finalize by Sworn Stipulation using the court's forms.

  3. File the papers and pay the fee, or ask for a waiver

    File with the District Court (magistrate division) in the county where you or your spouse live. Filing fee: $207 to file a divorce (with or without children); $136 to file a response (Idaho Court Assistance Office). Can't afford it? File a fee waiver request (CAO FW 1-9) with a proposed Order Re: Fee Waiver (FW 1-10), available on the Court Assistance Office forms pages.

  4. Serve your spouse

    Your spouse must be personally served with the petition and summons by someone 18+ who is not a party (often the sheriff), or can sign an Acknowledgment of Service (form CAO FL 2-1).

  5. Your spouse responds

    21 days after service (Court Assistance Office instructions CAO D 1-1). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

  6. Wait out the waiting period

    Your divorce can't be finalized until at least 20 days after your spouse is served (21 days if it is entered by default).

  7. Agree, or go to mediation or a hearing

    Common. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

  8. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Ask on the petition to have your former name returned in the final decree.

Free tools for Idaho

Pre-set for Idaho. They run in your browser and send nothing.

Divorce timeline estimator for Idaho

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Leave empty if your spouse hasn't been served yet.

Enter your filing dateThe earliest date appears when you enter a date.

An estimate from the waiting-period rule in our data, not legal advice. We compute a date only when the rule is one simple number of days or months counted from filing or from service; court schedules often add time.

Grounds for divorce in Idaho

No-fault ground
irreconcilable differences
Fault grounds
Also allowed
Law
Idaho Code 32-603

Property and debts in Idaho

System
Community property
The rule
Community property (generally what either spouse got during the marriage) is divided substantially equally unless there are compelling reasons otherwise. Each spouse keeps their separate property, such as what they owned before marriage or received by gift or inheritance.
Law
Idaho Code 32-712, 32-906

Alimony (spousal support) in Idaho

Called maintenance. The court may order it only if the spouse asking lacks enough property for reasonable needs and can't support themselves through work. Amount and length are what the court finds just, based on factors such as the length of the marriage, age, health, time needed for training, and the other spouse's ability to pay; fault can be considered. Idaho Code 32-705.

Children: custody and support in Idaho

What Idaho calls custody
custody (legal and physical) and parenting time (parenting plan)
Parenting class
If you have minor children, the clerk gives you an Order to Attend a parenting program (called 'Divorce Orientation', 'Mediation Orientation' or 'Parenting Workshop' depending on the district), which you serve on your spouse with the petition (Court Assistance Office instructions).
Child support calculator
Official child support calculator or guidelines
Child support agency
Idaho Department of Health and Welfare, Child Support Services

Serving your spouse in Idaho

How your spouse gets the papers
Your spouse must be personally served with the petition and summons by someone 18+ who is not a party (often the sheriff), or can sign an Acknowledgment of Service (form CAO FL 2-1).
Time to respond
21 days after service (Court Assistance Office instructions CAO D 1-1).
Law
Idaho R. Fam. L. P.; Court Assistance Office forms

Going back to a former name in Idaho

Yes. Ask on the petition to have your former name returned in the final decree.

Mediation in Idaho

Common. Courts often order mediation of custody disputes; ask your Court Assistance Office about local programs.

If you are in danger

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.

Protective orders in Idaho: If you are in danger, call 911. Civil protection order forms: https://courtselfhelp.idaho.gov/Forms/protection

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Free help in Idaho

Good to know in Idaho

  • Idaho has one of the shortest residency rules: 6 weeks (Idaho Code 32-701).
  • Idaho is a community property state and starts from a substantially equal split (Idaho Code 32-712).

Divorce checklist for Idaho

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About your situation

Questions about divorce in Idaho

How long do you have to live in Idaho to file for divorce?

The person filing must have lived in Idaho for 6 full weeks before filing.

How long does a divorce take in Idaho?

Your divorce can't be finalized until at least 20 days after your spouse is served (21 days if it is entered by default). A contested case often takes 6 months or more.

What are the grounds for divorce in Idaho?

Idaho's no-fault ground is irreconcilable differences. Fault grounds are also allowed.

Is Idaho a community property state?

Yes. Community property (generally what either spouse got during the marriage) is divided substantially equally unless there are compelling reasons otherwise. Each spouse keeps their separate property, such as what they owned before marriage or received by gift or inheritance.

How much does it cost to file for divorce in Idaho?

$207 to file a divorce (with or without children); $136 to file a response (Idaho Court Assistance Office).

Can I get the divorce filing fee waived in Idaho?

File a fee waiver request (CAO FW 1-9) with a proposed Order Re: Fee Waiver (FW 1-10), available on the Court Assistance Office forms pages.

Is there a simpler divorce process in Idaho?

If you both agree, you can finalize by Sworn Stipulation using the court's forms. If your spouse doesn't respond, you can ask for a default divorce. Both need to exchange mandatory disclosures within 35 days after a response unless resolved earlier.

How long does my spouse have to respond in Idaho?

21 days after service (Court Assistance Office instructions CAO D 1-1).

Can I change my name back in a divorce in Idaho?

Yes. Ask on the petition to have your former name returned in the final decree.

Is mediation required in a divorce in Idaho?

Common. Courts often order mediation of custody disputes; ask your Court Assistance Office about local programs.

Do divorcing parents have to take a class in Idaho?

If you have minor children, the clerk gives you an Order to Attend a parenting program (called 'Divorce Orientation', 'Mediation Orientation' or 'Parenting Workshop' depending on the district), which you serve on your spouse with the petition (Court Assistance Office instructions).

How does alimony work in Idaho?

Called maintenance. The court may order it only if the spouse asking lacks enough property for reasonable needs and can't support themselves through work. Amount and length are what the court finds just, based on factors such as the length of the marriage, age, health, time needed for training, and the other spouse's ability to pay; fault can be considered. Idaho Code 32-705.

Sources

Last checked: Oct 24, 2026.

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