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
File your papers first
File with the District Court (magistrate division) in the county where you or your spouse live. Service comes after filing.
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).
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).
File proof of service
File the proof of service with the court.
Watch the deadline
21 days after service (Court Assistance Office instructions CAO D 1-1).
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
- All Idaho divorce laws
- Uncontested divorce in Idaho
- Idaho divorce forms and filing fees
- Alimony in Idaho
- Child custody and support in Idaho
- Divorce timeline estimator for Idaho
- Divorce checklist for Idaho
- Served with divorce papers: what to do
- Timeline estimator
Serving papers in nearby states
- Idaho Court Assistance Office: Divorce forms
- CAO Divorce Instructions
- Idaho Code 32-603 Causes for divorce
- Idaho Code 32-705 Maintenance
- Idaho Code 32-712 Community property disposition
- Idaho Code 32-701
- Idaho Code 32-716; Idaho Court Assistance Office divorce instructions
Last checked: Oct 24, 2026.