Ready to start your Idaho divorce? Download the forms today and take the first step toward a new chapter.
Get your divorce papersWhat Divorce Papers needs to be valid in Idaho
- You or your spouse must have lived in Idaho for at least six weeks before filing.
- You must have a legal ground for divorce, such as irreconcilable differences (no-fault) or adultery, etc.
- You need to complete the required divorce forms, including the Summons, Complaint, and other local forms.
- You must pay the filing fee, which varies by county (typically $150-$200).
- Your spouse must be served with the divorce papers unless you file jointly or waive service.
- If you have children, you must complete a parenting class and submit a parenting plan.
How to set up a Divorce Papers in Idaho
- First, determine if you meet Idaho's residency requirement and choose your grounds for divorce.
- Obtain the divorce forms: you can download them from the Idaho Supreme Court's website or get them from your county clerk's office.
- Fill out the forms carefully, providing all requested information about your marriage, property, debts, and any children.
- Sign the forms in front of a notary public, as required by Idaho law.
- File the forms with the district court in the county where you or your spouse resides, and pay the filing fee.
- Arrange for your spouse to be served with the papers by a sheriff, process server, or any adult not involved in the case. Then, file the proof of service with the court.
How much it costs
The filing fee for divorce papers in Idaho typically ranges from $150 to $200, depending on the county. Additional costs may include notary fees, service of process fees, and the required parenting class (around $50). If you cannot afford the fees, you can apply for a fee waiver using the court's indigent form.
Before You Begin: Idaho Divorce Papers Checklist
Filing for divorce in Idaho requires careful preparation. Use this checklist to gather the necessary information and avoid common delays.
- Meet Idaho's residency requirement: you or your spouse must have lived in the state for at least six weeks before filing.
- Decide on grounds for divorce: Idaho allows both fault and no-fault (irreconcilable differences) grounds; no-fault is common.
- Prepare financial documents: income, expenses, assets, debts, and tax returns for both spouses.
- If you have children, plan for custody, child support, and parenting time; Idaho uses the best interest of the child standard.
- Have your spouse's full legal name, date of birth, and Social Security number ready (if known) for the forms.
- Notarize your signature when required: Idaho law does not require notarization for all divorce forms, but some, like the summons and petition, may need acknowledgment—check current instructions.
- File your completed forms at the district court in the county where either spouse resides, and pay the filing fee (or request a fee waiver if you qualify).
Questions people ask
Do I need a lawyer to file for divorce in Idaho?
No, you can file for divorce on your own (pro se). However, if your case is complex, involving significant assets or custody disputes, it may be wise to consult an attorney.
What is an uncontested divorce in Idaho?
An uncontested divorce is when both spouses agree on all issues, including property division, debt, and child custody/support. You can file for an uncontested divorce by submitting a settlement agreement with your divorce papers.
How long does it take to get a divorce in Idaho?
There is a mandatory 20-day waiting period after the filing before the divorce can be finalized. The total time varies, but an uncontested divorce can be completed in about 1-3 months.
What are the residency requirements for divorce in Idaho?
You or your spouse must have been a resident of Idaho for at least six weeks before filing for divorce. This is one of the shortest residency requirements in the country.