Divorce in Idaho is filed in the district court (magistrate division) of the county where either spouse lives. Idaho is a community property state, so assets and debts acquired during the marriage are generally split evenly unless you agree otherwise or the court finds a reason to deviate. Keeping the process cooperative and organized helps you move faster and with less stress.
At least one spouse must have lived in Idaho for a minimum of six weeks immediately before filing. You typically file in the county where either spouse resides. Most couples file no-fault (stating the marriage is irretrievably broken). There is no mandatory separation period to file.
Step 1: Choose your path and gather forms. If you agree on property, debts, and (if applicable) parenting, consider an uncontested case. Prepare the Complaint for Divorce (or Petition), Summons, and sworn financial disclosure. If you have children, draft a parenting plan and complete any required parent education steps for your court.
Step 2: File with the clerk. File your packet with the district court clerk in your county. A filing fee applies, and you can request a fee waiver (in forma pauperis) if payment would be a hardship. The clerk will issue your case number and stamp your documents.
Step 3: Serve your spouse. Arrange personal service by sheriff or a licensed process server, or use a signed Acceptance of Service if your spouse will cooperate. If you cannot locate your spouse, the court may allow service by publication after you show diligent efforts.
Step 4: Track deadlines and disclosures. Your spouse generally has about 21 days to respond after in-state service (more time if served outside Idaho). Exchange financial information early; complete, organized disclosures prevent delays and help settlement.
Step 5: Settle or set a hearing. If you reach agreement, submit a Marital Settlement Agreement, proposed Decree, and any required child-related orders for the judge’s approval. If issues remain, the court may schedule status conferences, mediation, or hearings.
Step 6: Receive the final decree. After review (and any required appearance), the judge signs a Decree of Divorce covering community/property division, debts, spousal support if any, legal and physical custody/parenting time if applicable, child support, and name change if requested. Obtain certified copies for your records.
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Do we need to be separated before filing in Idaho?
No. Idaho does not require a separation period, and most people use a no-fault filing.
Which court handles divorce in Idaho?
Your case is filed in the district court for your county and typically heard in the magistrate division.
How long does an Idaho divorce take?
Uncontested cases may finalize relatively quickly once the response window and paperwork are complete; contested cases depend on court calendars and the complexity of disputes.
Meta description: Idaho filing guide with six-week residency rule, county filing, service options (including acceptance/publication), disclosures, parenting steps, and final decree details.