Idaho Divorce Checklist: Documents Needed Before You File

What You Need Before Walking Into the Courthouse

Filing for divorce in Idaho involves two categories of preparation: the court forms themselves (which are free from the Court Assistance Office) and the personal records you need to complete those forms accurately. Skipping the records-gathering step is the most common reason self-represented filers have to revise and refile — wasting time and sometimes money.

This checklist covers everything you should have ready before you file, organized by when you'll actually need each item.

Court Forms: Your Filing Package

The specific forms depend on whether your case involves minor children. All are available as free downloads from courtselfhelp.idaho.gov.

Every divorce filing requires:

• [ ] Family Law Case Information Sheet (CAO FL 1-1) — a mandatory administrative form the clerk uses to set up the electronic case file. It collects identifying information about both spouses and is exempt from public disclosure.
• [ ] Petition for Divorce — use CAO D 1-5 (with minor children) or CAO D 1-6 (without children)
• [ ] Summons (CAO FL 1-3) — notifies the respondent of the lawsuit and the 21-day deadline to respond (42 days if served outside Idaho)
• [ ] Certificate of Divorce or Annulment (HWH-611) — a vital statistics form available at the clerk's office

Additional forms for cases with children:

• [ ] Parenting Plan (CAO FL-3) — physical and legal custody schedule, holiday rotation, exchange protocols
• [ ] Affidavit Verifying Income (CAO FL 1-11) — sworn statement of monthly income
• [ ] Child Support Worksheet (CAO FL 1-12 or 1-13) — depends on whether custody is standard or shared
• [ ] UCCJEA Affidavit — documents children's addresses for the past five years

Financial Records You'll Need Immediately

Even if your divorce is completely uncontested, you need financial information to complete the Petition accurately. The Petition requires you to list all community property, separate property, and debts.

Gather these before you start filling out forms:

• [ ] Two most recent federal and state tax returns (joint and individual)
• [ ] Recent pay stubs or income verification (W-2s, 1099s, profit/loss statements)
• [ ] Bank statements for all accounts (checking, savings, money market) — at least the last six months
• [ ] Investment and brokerage account statements
• [ ] Retirement account statements (401k, IRA, pension, PERSI)
• [ ] Real estate deeds and recent mortgage statements
• [ ] Vehicle titles and loan statements
• [ ] Credit card statements showing current balances
• [ ] Outstanding loan documents (personal, student, medical)

Financial Records You'll Need Within 35 Days

If the respondent files a written response, both parties must exchange comprehensive financial disclosures under Idaho Rule of Family Law Procedure 401 within 35 days of the response date. Having these ready early prevents scrambling under deadline pressure:

• [ ] An Inventory of Property and Debts (Form CAO RFLPPi 1-1) — listing every asset and liability
• [ ] Six consecutive months of bank, investment, and retirement account statements
• [ ] Year-to-date income statements
• [ ] Documentation of any separate property claims (pre-marital receipts, inheritance records, gift documentation)

You don't file these with the court — the parties exchange them directly, and only a Certificate of Service (CAO Cv 4-5) goes to the court clerk to confirm the exchange happened.

Residency Verification

Idaho requires that the petitioner has been a continuous resident of the state for at least six full weeks (42 consecutive days) before filing. You'll need to prove this if challenged:

• [ ] Idaho driver's license or state ID
• [ ] Utility bills, lease agreement, or mortgage documents showing an Idaho address
• [ ] Employment records with an Idaho employer
• [ ] Voter registration (helpful but not strictly required)

Active-duty military personnel stationed at Idaho installations satisfy the residency requirement without changing their official state of record.

Information for the Family Law Case Information Sheet

The CAO FL 1-1 form is easy to overlook because it's administrative rather than substantive. But it's mandatory for the clerk to accept your filing. You'll need:

• Full legal names and any aliases for both spouses
• Dates of birth
• Social Security numbers (this form is sealed from public access)
• Current addresses
• Marriage date and location
• Names and dates of birth of all minor children
• Whether there are any existing protective orders or pending family law cases

Service of Process Preparation

After filing, you need to serve the respondent. Have a plan ready:

• [ ] If cooperative: an Acknowledgment of Service form (CAO FL 2-1) for the respondent to sign before a notary
• [ ] If uncooperative: contact information for the county sheriff or a professional process server
• [ ] If the spouse can't be located: begin documenting your search efforts immediately (you'll need them for a Motion for Service by Publication)

Fee Preparation

• [ ] Filing fee: $207 statewide (can range up to $221 with county surcharges). Pay by check, money order, or credit card.
• [ ] Fee waiver: If you can't afford the filing fee, prepare a Motion and Affidavit for Fee Waiver (CAO FW 1-9) and a proposed Order Re: Fee Waiver (CAO FW 1-10). Eligibility is determined from the sworn financial information under Idaho Code § 31-3220; the statute does not set a single income threshold.

The Pre-Filing Timeline

Start gathering records at least two weeks before your planned filing date. The financial documentation alone can take several business days to collect from banks and employers. The forms themselves take most people 2 to 4 hours to complete carefully.

The Idaho Divorce Filing Process Guide organizes all of these requirements into a single sequenced checklist with the exact timeline for each step, from residency verification through final decree entry.

See more Idaho guides →