Idaho | Divorce.Pro

Uncontested Divorce in Idaho

To qualify for an uncontested divorce in Idaho , you must meet the following criteria:

Residency:
Either spouse must have lived in Idaho for at least 6 weeks before filing.
Grounds for Divorce
- Idaho allows no-fault divorce based on “irreconcilable differences.”
- You may also choose to file based on separation or fault, but this is not required for an uncontested divorce.
Mutual Agreement:

Both spouses must agree on all terms of the divorce:

Whether you have children
Whether you’re filing as the petitioner alone or jointly as a couple

Download free forms at: https://courtselfhelp.idaho.gov Typical forms include:
Petition for Divorce
Summons
Family Law Case Information Sheet
Sworn Stipulation for Entry of Decree (if both agree)
Decree of Divorce
Parenting Plan and Child Support Worksheet (if children are involved)

2. File the Petition
File the completed forms with the Clerk of the District Court in your county.
Pay the filing fee, usually around $200–$220.
If you can't afford the fee, request a fee waiver using a form from the clerk.

3. Serve the Other Spouse (if filing alone)
If only one spouse files, the other must be officially served (via sheriff, process server, or certified mail).
If both spouses file jointly or the respondent signs an Acknowledgment of Service, formal service is not needed.

4. Wait Period
Idaho requires a 20-day waiting period after the other spouse is served (or signs the acknowledgment) before a divorce can be finalized.

5. Submit Final Agreement
File a signed Stipulation and Decree of Divorce, which outlines your agreement.
If everything is in order, a court hearing may be waived in uncontested cases.

6. Final Judgment
A judge reviews the documents and signs a Decree of Divorce, making it official.
You’ll receive a certified copy from the court once entered.

Children:
- A Parenting Plan is required.
- Child Support Guidelines Worksheet and Addendum are mandatory.
- Parents may be required to attend a co-parenting class.
No Separation Requirement:
You don’t need to be separated for any specific time before filing, but you must claim the marriage is irretrievably broken.
Legal Help Recommended:
Even in uncontested cases, it’s smart to have an attorney review your Settlement Agreement, especially if children or property are involved.