The Ultimate Guide to Divorce in Idaho

Whether you’re just beginning to consider divorce or ready to take legal action, understanding the divorce process in Idaho is essential. Each state has its own laws and procedures, and Idaho is no exception. From residency requirements to final judgment, this guide walks you through the steps, timelines, and key decisions involved in filing for divorce in Idaho.

Residency Requirements in Idaho

Before you can file for divorce in Idaho, at least one spouse must have lived in the state for six weeks prior to filing, per Idaho Code § 32-701.

This requirement is relatively short compared to other states, which makes Idaho one of the more accessible jurisdictions for establishing divorce jurisdiction.

Grounds for Divorce in Idaho

Idaho allows both fault-based and no-fault divorces:

• No-Fault Ground:
  • Irreconcilable differences — the most common ground, and it does not require proving wrongdoing.
• Fault-Based Grounds:
  Under Idaho Code § 32-603, a divorce may also be granted for:
  • Adultery
  • Extreme cruelty
  • Willful desertion (for at least one year)
  • Willful neglect
  • Habitual intemperance
  • Conviction of a felony
  • Permanent insanity

While most modern divorces proceed under irreconcilable differences, fault grounds may be relevant in high-conflict or asset-heavy cases.

The Divorce Timeline in Idaho

There is no mandatory waiting period in Idaho after filing, but the overall timeline depends on the type of divorce:

• Uncontested Divorce: 1–3 months (if both parties agree)
• Contested Divorce: 6–12+ months (involving disputes over custody, property, etc.)

Factors that can extend the timeline include delays in serving papers, mediation, discovery, or trial scheduling.

Filing Process: Step-by-Step

Here is a general overview of how to file for divorce in Idaho:

1. File a Complaint for Divorce
   File in the district court of the county where either spouse resides.
2. Serve Your Spouse
   Idaho law requires formal service of the complaint and summons. This may be done via process server, sheriff, or certified mail.
3. Spouse Responds or Defaults
   The responding party (the “respondent”) has 20 days to file an answer. If no response is filed, the petitioner may request a default judgment.
4. Financial Disclosures and Mediation
   Both parties are typically required to disclose income, debts, property, and expenses. Courts may order or recommend mediation for contested issues.
5. Hearings and Final Judgment
   The court will review any proposed agreements or schedule a trial for unresolved issues. The divorce is finalized when a Decree of Divorce is signed by the judge.

What to Expect at Each Stage

• Temporary Orders:
  These may be issued early in the process to determine temporary child custody, support, and possession of the home or property.
• Discovery Phase:
  If the case is contested, both parties may exchange documents and information to clarify finances, property values, and parenting plans.
• Mediation or Trial:
  Unresolved issues may be addressed through mediation or proceed to trial where a judge will make binding decisions.
• Final Decree:
  This legally ends the marriage and outlines all terms including custody, division of assets, and support.

FAQs

How long does a divorce take in Idaho?
Uncontested cases may be finalized in a few months. Contested divorces typically take 6–12 months or longer depending on complexity.

How do I start the process?
Begin by filing a Complaint for Divorce with your local district court and serving the paperwork to your spouse.

Can I represent myself in court?
Yes, you may file pro se, but legal counsel is strongly advised—especially in cases involving property, children, or support.

Call to Action

Divorce is personal—but the law doesn’t have to be confusing. At Brown Family Law, we help Idaho clients navigate their divorce with clarity, compassion, and confidence.
Schedule your divorce consultation today and get the support you deserve.