How to File for Divorce in Idaho

Before You File: The 6-Week Residency Requirement

Idaho requires the petitioner — the spouse who initiates the case — to have been a continuous resident of the state for at least six full weeks (42 consecutive days) immediately before filing, under Idaho Code § 32-701. The respondent does not need to live in Idaho. If you recently moved to the state, count your days carefully: the court lacks jurisdiction to hear your case if you file before the 42-day mark, and no agreement between spouses can waive this requirement.

You prove residency through documentation like an Idaho driver's license, lease agreement, utility bills, or employment records. Active-duty military personnel stationed at Idaho installations such as Mountain Home Air Force Base satisfy the requirement after six weeks of physical presence, even without changing their official state of record.

Step 1: Choose the Right Form Packet

Idaho's Court Assistance Office (CAO) publishes free form packets organized by case type. Your first decision is whether minor children are involved:

• No children: Use CAO D 1-6 (Petition for Divorce, No Minor Children), plus CAO FL 1-3 (Summons) and CAO FL 1-1 (Family Law Case Information Sheet).
• With children: Use CAO D 1-5 (Petition for Divorce, With Minor Children), plus a Parenting Plan (CAO FL-3), Affidavit Verifying Income (CAO FL 1-11), Child Support Worksheet (CAO FL 1-12 or 1-13), and a UCCJEA Affidavit documenting where the children have lived for the past five years.

Complete the forms in black ink or typed. The Family Law Case Information Sheet is exempt from public disclosure, but other filings may be part of the public court record.

Step 2: File the Petition

Take the originals plus two copies to the courthouse clerk's window in the county where the respondent resides. If the respondent lives outside Idaho, you may file in any Idaho county. You can also file electronically through Idaho's iCourt File & Serve portal (Tyler Technologies), though some districts still accept paper filings at the counter.

Filing fee: $207 statewide. Some counties add local technology surcharges (Ada County's total can reach $221). If you cannot afford the fee, submit a Motion and Affidavit for Fee Waiver (CAO FW 1-9) along with a proposed Order Re: Fee Waiver (CAO FW 1-10). The court reviews the financial affidavit; if the waiver is denied, follow the clerk's payment or resubmission instructions.

The moment you file, an automatic preliminary injunction attaches to the Summons. Both spouses are restrained from selling, transferring, or dissipating community assets and from removing minor children from the state.

Step 3: Serve the Papers

You cannot hand the papers to your spouse yourself. Idaho law requires service by an independent third party. There are three options:

1. Acknowledgment of Service — if your spouse is cooperative, they sign CAO FL 2-1 before a notary. No cost beyond the notary fee.
2. Personal service — hire a county sheriff ($20–$40) or a professional process server to physically deliver the documents.
3. Service by publication — if your spouse's location is genuinely unknown, petition the court for permission to publish the Summons in a local newspaper for four consecutive weeks. This costs $100–$250 and limits what the court can order.

If the respondent is not served within 182 days (six months) after filing, the court must dismiss the action without prejudice after notice unless good cause supports an extension under IRFLP Rule 204(b). After service, file the proof — either the signed Acknowledgment or the Affidavit of Service (CAO FL 2-2) — with the clerk to start the response clock.

Step 4: The Waiting Period and Response Window

Idaho Code § 32-716 generally bars a final decree until at least 21 days after commencement and service. A default case must wait at least 21 days; a stipulated case may be eligible for earlier entry under the statute's agreement exception, subject to local judge practice.

• In-state service: The respondent has 21 calendar days to file a written response.
• Out-of-state service: The response deadline extends to 42 calendar days.

If the respondent files a response, both parties must exchange mandatory financial disclosures under Rule 401 within 35 days. If no response is filed, the case enters the default track on Day 22 (or Day 43 for out-of-state service).

Step 5: Finalize the Divorce

Your case resolves through one of three paths:

• Stipulated (uncontested): Both spouses sign a Sworn Stipulation (CAO D 6-8) and submit a proposed Decree of Divorce. The judge reviews and signs in chambers — no hearing required. Timeline: 30–90 days total.
• Default: If the respondent never responds, you file a Motion and Affidavit for Entry of Default, the Default form (CAO FLPi 7-4), and a proposed decree. The judge typically signs without a hearing for childless cases. Timeline: 30–90 days.
• Contested: If disputes remain after mandatory mediation (required for custody issues under IRFLP Rule 602), the case goes to trial before a magistrate judge. Timeline: 6–18+ months.

If minor children are involved, both parents must complete the court-ordered "Focus on Children" co-parenting class ($20–$40) and file the certificate of completion before a judge will sign the final decree.

What This Actually Costs

For a cooperative, uncontested divorce handled without an attorney, plan for:

That is a fraction of the $1,500–$6,000 that Idaho family law attorneys typically charge for an uncontested case, and far less than the $15,000+ a contested trial runs.

Navigate the Full Process With Confidence

If you want every step mapped out — including the exact filing sequence, deadline trackers, service-of-process worksheets, and the Rule 401 disclosure checklist — the Idaho Divorce Filing Process Guide walks you through the entire procedure from residency verification to final decree.

See more Idaho guides →