Idaho · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Idaho

An agreed (uncontested) divorce in Idaho, from official sources: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver, e-filing, how your spouse can sign instead of being served and mediation.

In short

When both spouses agree, this is the route in Idaho. If you both agree, you can finalize by Sworn Stipulation using the court's forms.

Who can file (residency)
6 weeks
Waiting period
See the rule
Filing fee
$207
E-filing
Yes

Who can use the process for agreed cases 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.

Before you 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.
Law
Idaho Code 32-701 · Idaho Code 32-716; Idaho Court Assistance Office divorce instructions

Forms, fees and filing in Idaho

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.
E-filing
Yes. Self-represented people can prepare and e-file through Idaho Guide and File / iCourt: https://guideandfile.idaho.gov

If your spouse agrees to 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).

If you agree on only some issues

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

An uncontested 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. See if you qualify for the simpler process

    If you both agree, you can finalize by Sworn Stipulation using the court's forms.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Idaho courts)

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

    $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. Yes. Self-represented people can prepare and e-file through Idaho Guide and File / iCourt: https://guideandfile.idaho.gov.

  5. Have your spouse sign or be served

    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).

  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. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Idaho

Is there a simplified divorce for agreed cases 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 an uncontested 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.

Who can file for an uncontested divorce in Idaho?

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

Does my spouse have to be served if we agree 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 we file for divorce online in Idaho?

Yes. Self-represented people can prepare and e-file through Idaho Guide and File / iCourt: https://guideandfile.idaho.gov

How much does it cost to file an uncontested divorce in Idaho?

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

Is mediation required in Idaho?

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

More about divorce in Idaho

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.