Idaho Divorce Laws and How to File 2023 Guide – Forbes Consultant


Idaho Divorce Laws and How to File 2023 Guide – Forbes Consultant


Updated: June 15, 2023 at 3:37 am

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In Idaho, there are 3.4 divorces per 1,000 people. This is the sixth highest divorce rate in the country. If you are considering getting a divorce in Idaho, it is important that you understand the laws that govern the end of your marriage.

This guide to Idaho divorce laws helps you understand everything you need to know to dissolve your union.

Who can file for divorce in Idaho?

Only people who meet the residency requirements can file for divorce in Idaho. However, these residency requirements are easy to meet.

While many states require you to live within their borders for several months before you can dissolve your marriage there, you are allowed to get a divorce in Idaho as long as you have been a resident for at least six weeks before filing.

What are the grounds for filing for divorce in Idaho?

To divorce in Idaho, you must list the reasons for the divorce when filing court papers. This means that you must state the legal reason for the divorce.

Idaho recognizes both fault divorce and no-fault divorce. You can pursue a fault divorce if you believe your spouse is responsible. However, many people simply choose a no-fault divorce because it can be easier because you don’t need to provide evidence of wrongdoing.

There are two different ways you can get a no-fault divorce in Idaho. You can be eligible for a no-fault divorce if any of the following are true

  • You can prove that there are irreconcilable differences between you and your spouse that led to the breakdown of the marriage and that cannot be resolved
  • You can prove that you and your spouse have lived apart for at least five consecutive years

Alternatively, you can get a fault divorce for the following reasons:

  • adultery: Your husband voluntarily had sex with another person
  • Extreme cruelty: Your spouse has caused you serious physical injury or emotional suffering
  • willful abandonment Your husband has deliberately separated from you with the intention of annulling the marriage
  • Willful negligence: The law defines this as the husband’s refusal to provide the wife with the necessities of life despite his ability to do so.
  • Habitual intolerance: Your husband is so drunk that he is unable to attend work properly or is so drunk that he is causing you great mental anguish
  • felony conviction: Your spouse has been convicted of a crime during your marriage
  • Mad: Your husband becomes crazy forever

How to file for divorce in Idaho

You must submit certain papers to the court in order to file for divorce in Idaho. The documents you must complete and submit include:

  • Application for divorce (with or without minor children)
  • call up
  • Certificate of divorce or annulment
  • Family law case information sheet

If you have minor children, additional documents will also be required, including:

  • Order to attend a workshop on divorce/paternity
  • Declaration of income verification
  • Child support worksheet
  • Parenting plan

You can find out more details about specific models using CourtSelfHelpIdaho website. However, the self-help website advises hiring a lawyer as the first step in dissolving your marriage, because it’s generally not a good idea to try to handle all the steps of a divorce on your own.

You also need to pay the filing fee or include an application and affidavit for a fee waiver when you file your court forms and begin the Idaho divorce process.

Idaho divorce papers service

When filing for divorce, your spouse must be formally notified. This formal notification is referred to as the process service.

If your spouse is willing to cooperate with you and accept the service, you can attend to this requirement by having your spouse sign an Acknowledgment of Service. If your spouse is not willing to cooperate, you need someone over the age of 18 in the county where your spouse lives to file the divorce papers. A professional process warden or server will usually do this for a fee.

If you cannot find your spouse to provide the papers to, you will need to complete the service by posting.

Contested or uncontested divorce

Idaho allows you to get a disputed or Uncontested divorce.

A contested divorce is one in which you and your spouse do not agree on the issues, so you must go to court to allow the judge to decide the terms of your divorce. Not only is this more expensive, but it can also lead to worse outcomes because the judge is not in the best position to know what works for you and your spouse when it comes to dividing property and custody – neither are you.

On the other hand, an uncontested divorce requires that you come to an agreement with your spouse. A professional divorce attorney and/or mediator can help facilitate this process if you are unable to do it yourself. This is usually less stressful, less expensive, results in a settlement that both spouses are happier with, and can help you avoid acrimony, which is important if you are co-parenting.

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What is the waiting period for an Idaho divorce?

There is a waiting period for divorce in Idaho. Generally, you will not be granted a divorce until at least 21 days have passed since your spouse has obtained the divorce papers. Many divorces take longer than this, with a contested divorce typically taking about six months or more to resolve.

Get divorce legal help in Idaho

If you are getting a divorce in Idaho, you should speak with an experienced divorce attorney early in the process. Your attorney will guide you through each step of dissolving your marriage to help you get the best possible outcome.

Although divorce can be difficult, an online divorce service can make it easy

Let our professional and affordable online divorce service help you with all matters related to your divorce.

Frequently asked questions (FAQs)

How is marital property divided in an Idaho divorce?

Idaho is a Community Owned State. Marital property is divided 50/50 in community property states. Each spouse receives half of the marital assets and is responsible for half of the marital debts.

Can You Get Alimony in an Idaho Divorce?

You can get alimony in an Idaho divorce if you have a valid prenuptial agreement entitling you to alimony, if you agree to the alimony issue and include it in a negotiated settlement in an uncontested divorce or if a judge awards you alimony in a contested divorce. Alimony is valid when there is a gap in the earning capacity between the spouses.

How long does a divorce take in Idaho?

The Idaho divorce timeline can vary. There is a 21-day waiting period after filing papers with your spouse before your divorce becomes final, but it often takes longer than that to dissolve your marriage. If you are involved in a contested divorce, the process may take six months or more to resolve.

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Kristi Pepper is a personal financial and legal writer with over a decade of experience. She holds a Juris Doctor from UCLA School of Law and was an adjunct professor early in her career, where she taught Paralegal Studies and related courses. In addition to writing for the web, she has also designed educational courses and written textbooks focusing on a variety of legal topics.

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