Idaho · Serving papers · Updated Oct 2026

Serving divorce papers in Idaho

After you file in Idaho, your spouse must get the papers. This page covers who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.

In short

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). Your spouse then has this long to respond: 21 days after service (Court Assistance Office instructions CAO D 1-1).

Time to respond
21 days after service
Accept or waive service
Yes
Law
Idaho R. Fam. L. P.; Court Assistance Office forms

How papers are served in Idaho

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).

Law: Idaho R. Fam. L. P.; Court Assistance Office forms

Deadline to respond and default

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

If your spouse doesn't respond, you can ask for a default divorce.

Serving your spouse in Idaho, step by step

  1. File your papers first

    File with the District Court (magistrate division) in the county where you or your spouse live. Service comes after filing.

  2. Serve 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).

  3. Or have your spouse sign

    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).

  4. File proof of service

    File the proof of service with the court.

  5. Watch the deadline

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

  6. If there is no response

    If your spouse doesn't respond, you can ask for a default divorce.

Questions about serving divorce papers in Idaho

How do you serve divorce papers in Idaho?

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).

Can my spouse accept or waive service in Idaho?

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).

How long does my spouse have to respond in Idaho?

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

What if my spouse doesn't respond in Idaho?

If your spouse doesn't respond, you can ask for a default divorce.

More about divorce in Idaho

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