Divorce in Idaho

How to file for divorce in Idaho

1. Check residency. 6 full weeks (42 consecutive days) of Idaho residency immediately before filing.
2. Prepare and file the Petition for Divorce (Form CAO D 1-5 with children, or CAO D 1-6 without children) with the District Court in your county. The filing fee is typically $136 to $207, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. If a response is filed, both spouses must exchange financial disclosures within 35 days, including an Inventory of Property and Debts and, where applicable, child support financial information.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 21 days after filing and service of process, cannot be waived. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 full weeks (42 consecutive days) of Idaho residency immediately before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: None required.

How property is divided

Idaho is a community property state. Most property and debt acquired during the marriage belongs to both spouses equally and is generally divided equally. Property owned before marriage, and gifts or inheritances to one spouse, are usually separate. Read community property and equitable distribution.

Custody and child support

Parenting terms: Idaho uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: Required statewide when minor children are involved; both parents must complete the Focus on the Children class before the judge signs the decree.

Child support: Idaho uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Called spousal maintenance; it requires a two-part showing that the requesting spouse lacks enough property to meet reasonable needs and cannot support themselves through employment.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Uncontested divorce by sworn stipulation: Available when spouses reach full agreement and sign a sworn stipulation, letting the decree be entered without a court hearing in most cases.

Legal separation: available in Idaho, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 21 days after filing and service of process, cannot be waived. A typical timeline is 30 to 60 days uncontested; 6 months to 2 years or more contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Idaho

• The petitioner pays a $207 filing fee; a responding spouse who files a response pays $136 separately.
• Idaho is a community property state, so marital assets and debts are presumed to be split 50/50.
• Idaho has no county residency requirement, only a statewide 6-week residency rule.

Official resources

Official forms and instructions come from Idaho's courts. Sources we reviewed:

• courtselfhelp.idaho.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.