Top Resources for Divorce in Idaho
- Process to file for divorce in Idaho
- Idaho Divorce forms and papers
- How much does a divorce cost in Idaho?
- How to serve divorce papers in Idaho
- DIY divorce process in Idaho without lawyers
- Contested Idaho divorce
- Uncontested Idaho divorce
- Legal separation vs. divorce in Idaho
- Where to file for divorce in Idaho
- Alimony in Idaho
- Attorney fees in Idaho
Important Information About Divorce in Idaho
What is the waiting period for divorce in Idaho?
21 days. If a divorce case is contested, it commonly takes about 6 months before the case is resolved.
Do you need to be separated before filing for divorce in Idaho? If so, how long?
No.
What is the property division method (e.g., separate property/equitable distribution) in Idaho?
Idaho is a community property state.
What is the filing fee for divorce in Idaho?
$207 in most cases.
Is a joint petition possible in Idaho?
No.
How do you waive the filing fee in Idaho?
Instructions for Waiver of Filing Fee
What are the annulment rules in Idaho?
You must file a lawsuit in the county where your spouse lives, citing the grounds for annulment:
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Either spouse was under 18 without parental consent.
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One spouse was already legally married.
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One spouse was of unsound mind at marriage.
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Consent was obtained by fraud or force.
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One spouse was permanently physically incapable of marriage.
Time limits apply: within four years of turning 18 (underage); no limit (existing marriage or unsound mind); within four years of discovering fraud or force; within four years of marriage for physical incapacity.
Is there a faster way to divorce (e.g., summary dissolution) in Idaho?
An uncontested divorce is the fastest.
What are the divorcing parties called in Idaho?
Petitioner and Respondent.
How can you serve the petition, and can the respondent waive service in Idaho?
You must serve the Summons and Petition (plus parenting workshop order if applicable):
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If spouse cooperates: Use an Acknowledgment of Service.
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If spouse does not cooperate: Serve via sheriff or professional process server.
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If spouse location unknown: Service by publication instructions provided in CAO FL Instruction 1-4.
What are the residency requirements for divorce in Idaho?
At least one spouse must reside in Idaho for six weeks.
Does it matter who files first in Idaho?
No.
What is the deadline for responding to a divorce petition in Idaho?
Within 21 days of receiving service.
Are parties required to go to court in Idaho? Describe.
Almost always, at least once. More details here.
Are there requirements (like classes) before filing or finalizing divorce in Idaho?
No.
Is separation required before finalizing your divorce in Idaho?
No.
Is Idaho a no-fault state?
Yes, Idaho allows both fault and no-fault divorces.
If filing under fault, what are the grounds in Idaho?
Grounds include irreconcilable differences, adultery, cruelty, drunkenness, etc.
Is permanent alimony or spousal support common in Idaho?
Generally, no. Support aims to be temporary until the recipient becomes self-sufficient.
What are the rules for alimony or spousal support in Idaho?
Spousal maintenance is ordered when one spouse cannot support themselves and lacks sufficient property. Support typically lasts until the spouse can become self-sufficient. Alimony information
What are the child support rules in Idaho?
Idaho follows basic guidelines ensuring both parents share support responsibilities proportionate to their income. Rarely set at zero, support usually has a minimum of $50 per child monthly.
Idaho Child Support Guidelines
Child Support Application
What are the military divorce rules in Idaho?
Military and civilian divorce rules align, but servicemembers have extra protections, including possible delays under the Servicemembers' Civil Relief Act. Child and spousal support cannot exceed 60% of a servicemember’s pay.
Special pension, medical, and commissary privileges exist under the Uniformed Services Former Spouses’ Protection Act.
Is there an official spousal support calculator in Idaho? If yes, provide the link.
No.
Is there an official child support calculator in Idaho? If yes, provide the link.
No official calculator, but there is a worksheet available through the Idaho Department of Health and Welfare.
When can you file taxes as a single person in Idaho?
You can file as single if divorced or legally separated on or before December 31.
Can parties legally separate in Idaho? If so, how?
Yes. File a petition for legal separation after one spouse meets the six-week residency requirement. Courts may provide orders for custody, property, debt, and support.
Legal Separation Info
Where do you file for divorce in Idaho?
File in your resident county.
What are the filing rules in Idaho?
Complete forms (Petition, Summons, etc.) with two copies. Submit forms and filing fee to the Clerk’s office or request a fee waiver.
Filing Fees Information
What are the primary divorce documents in Idaho?
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Petition for Divorce
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Summons
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Certificate of Divorce or Annulment
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Family Law Case Information Sheet
Additional documents needed if children or unknown spouse location.
Can you change your name during divorce in Idaho? If so, how?
Yes, request a return to your maiden name within the divorce petition.
Can you finalize your divorce while pregnant in Idaho? If yes, how?
You can file during pregnancy, but paternity and child support matters may delay finalization until after birth.
Information on ending domestic partnerships in Idaho?
Idaho recognizes marriage exclusively as between a man and a woman; domestic partnerships aren't recognized legally.
Are financial disclosures required in Idaho? If so, explain.
Almost always required, except possibly in simple uncontested divorces without children.
Financial Disclosure Rules
Is there free legal help for divorce in Idaho? If so, where and how?
Yes, Idaho Legal Aid.
Is common-law marriage recognized in Idaho?
Not if created within Idaho, but valid if established legally elsewhere. Couples can create a cohabitation agreement instead.
More on Common-law Marriage
Is e-filing available in Idaho?
Yes, Idaho e-Filing Portal
Is attending court mandatory in Idaho?
Not always, but a parenting class is required for parents.
Where can you find more divorce information in Idaho?
You may need to attend a final hearing unless waived by a judge. The judge ensures child support and custody agreements are in the children's best interests.
Sources:
https://isc.idaho.gov/
https://courtselfhelp.idaho.gov/docs
