How to File for Divorce in Idaho

The person filing must have lived in Idaho for at least 6 full weeks before filing for divorce.

The filing fee for a divorce petition is $207, with or without children. The fee to file a response to a divorce is $136. A person who cannot pay may file an affidavit of indigency, and the court may allow the case to proceed without prepaying fees after finding the person indigent.

Idaho has no separate simplified divorce, but a case can be finished without a trial. If both spouses agree on everything, they can finalize by signing a Sworn Stipulation for Entry of Divorce Decree. If the other spouse is served and does not respond in time, the filer can finalize by default. The Self-Help Center offers forms and an online guided questionnaire (Idaho Guide and File) for divorces without minor children.

Generally, no divorce is granted until at least 20 or 21 days have passed after the other spouse is served with the petition. The divorce is final on the day the judge signs the Decree of Divorce, and either spouse may remarry after that.

The Idaho Court Assistance Office (Idaho Supreme Court) posts free divorce forms grouped by step (start, serve, respond, mandatory disclosures, finalize). To start, file the Petition for Divorce (No Children) (CAO D 1-6) or Petition for Divorce (With Children) (CAO D 1-5), the Family Law Case Information Sheet (CAO FL 1-1) and the Summons with Orders (CAO FL 1-3); divorces with children also need the Affidavit Verifying Income (CAO FL 1-11), a child support worksheet (CAO FL 1-12 or 1-13) and a Parenting Plan (CAO FL 3). For divorces with no minor children, Idaho Guide and File offers a guided questionnaire to file, respond to or finalize the divorce.