Everything to Know About Divorce in Idaho
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
Divorce in Idaho doesn’t have to be a black hole of paperwork and Googling. If you're trying to figure out how this works, here's a clear, straightforward guide to help you understand what you're getting into.
Prerequisites for divorce in Idaho
Before you file, make sure you meet Idaho’s basic legal requirements:
Residency
You or your spouse must have lived in Idaho for at least six weeks before filing.
Waiting period
There's a 20-day minimum waiting period after serving your spouse before the divorce can be finalized. The process can take longer depending on court scheduling, disputes, or mandatory classes.
Grounds for divorce
Idaho allows for both no-fault and fault-based divorces.
- No-fault: Irreconcilable differences.
- Fault-based grounds include adultery, extreme cruelty, willful desertion, habitual drunkenness, and conviction of a felony.
How to file for divorce in Idaho
- File a Petition: Submit a Petition for Divorce with your county’s district court.
- Serve the other spouse: You must formally serve the papers using a sheriff, process server, or certified mail.
- Response: The other party has 20 days to respond.
- Temporary orders (optional): Either spouse may request temporary orders for custody, support, or financial matters.
- Settlement or trial: If uncontested, you may finalize the divorce without a trial. If contested, the court will schedule hearings or trial.
Costs and filing fee
Filing fee: Varies by county but averages around $200–$250. Additional costs may include:
- Serving documents
- Mediation or parenting class (required if you have children)
- Legal assistance
Fee waivers are available if you meet income requirements—ask your local courthouse for a waiver application or use our link.
Property and debt division in Idaho
Idaho is a community property state, meaning all property and debts acquired during the marriage are presumed to be split 50/50.
Judges may consider:
- Duration of marriage
- Each spouse’s financial situation
- Misconduct in some cases (e.g. wasting marital assets)
Separate property, such as gifts, inheritances, or anything acquired before the marriage, is typically not divided—unless it was commingled.
Alimony (spousal support) in Idaho
Alimony (spousal support) is not guaranteed. I must be requested and justified. A judge may award it based on:
- Duration of marriage
- Standard of living
- Financial need and ability to pay
- Earning capacity and education
Types of spousal support:
- Temporary: While the divorce is pending
- Rehabilitative: To support a spouse gaining education or job skills
- Permanent: Rare, but possible in long-term marriages
There’s no official alimony calculator in Idaho. Awards are case-by-case.
Child custody and support in Idaho
Custody
Custody decisions are based on the best interests of the child, including:
- Each parent’s relationship with the child
- Ability to provide a stable home
- History of abuse or neglect
- Child’s wishes (depending on age/maturity)
Support
Child support is calculated using Idaho’s income shares model. You can estimate payments using Idaho’s online calculator here: Child Support Guidelines.
Military divorce in Idaho
You or your spouse can file in Idaho if one of you resides or is stationed there. Military divorces follow federal rules, including the Servicemembers Civil Relief Act, which can delay proceedings.
Legal separation and annulment
- Legal separation: Recognized in Idaho. You can address custody, support, and property division without ending the marriage.
- Annulment: Granted in limited cases like bigamy, fraud, underage marriage, or lack of consent.
Can you file for divorce online in Idaho?
Yes, Idaho supports e-filing in most counties. Use iCourt Portal to file documents, pay fees, and track your case. Some documents may still need to be notarized or submitted in person.
After divorce
Post-divorce checklist:
- Request a name change in the divorce decree if needed
- Update tax filing status (you’re single if divorced by Dec 31)
- Modify support or custody if life changes
- Update your will, insurance, and beneficiaries
Legal help and resources
If you’re getting divorced in Idaho and have questions, schedule a free call with us today to find out how we can help and figure out your next step.
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