Divorce in Idaho: Steps, Laws, Forms and Tips

Dealing with divorce is never easy, but having the right information can help. This page is all about divorce in Idaho. We’re here to provide you with essential details about Idaho’s specific divorce laws and what steps you’ll need to take. For more comprehensive resources, don’t forget to check out the links we’ve included.

Divorce Laws in Idaho

In Idaho, you can file for divorce on no-fault grounds, citing irretrievable breakdown of the marriage, or choose fault-based grounds like adultery or cruelty. One spouse must have lived in Idaho for at least six weeks before filing.

Idaho has a unique 20-day waiting period after filing before the divorce can be finalized. This waiting period is shorter than in some other states.

Process of Filing for Divorce

To start a divorce in Idaho, you need to file a “Complaint for Divorce” in the district court of the county where you or your spouse lives. The necessary paperwork includes financial disclosures and, if applicable, child custody forms.

After filing, you’re required to serve the divorce papers to your spouse. There are specific rules in Idaho for serving these papers, so make sure to follow them correctly.

Child Custody and Support

In Idaho, decisions about child custody are based on the child’s best interests. The state encourages parents to share custody and responsibilities.

Child support is calculated using Idaho’s guidelines, which take into account both parents’ incomes and the amount of time each parent spends with the child.

Alimony/Spousal Support

Alimony, or spousal support, in Idaho is not automatic. It’s decided based on factors like the marriage length, each spouse’s financial situation, and their ability to earn. The courts in Idaho look at these factors to ensure fair support arrangements, making each case unique.

Property Division

Idaho follows the principles of community property for dividing assets and debts. This means that everything acquired during the marriage is generally split equally. This approach is different from states that use equitable distribution, where division is based on fairness and not necessarily equality.

Idaho Divorce Resources

Ready for more information? Explore our links for detailed insights into Idaho’s divorce laws. You’ll find resources from the state’s family law courts, official websites, and legal aid organizations.

Article: How Much Does a Divorce Cost in Idaho

Required Divorce Forms in Idaho

Most forms listed below can be found here:

https://courtselfhelp.idaho.gov/

General Forms:

Family Law Case Information Sheet
Summons with Orders
Affidavit Verifying Income – https://courtselfhelp.idaho.gov/docs/forms/CAO_FL_1-11.pdf
Child Support Worksheet(s)
Continued Support Worksheet if there are multiple children

Petitions (Choose one depending on your situation):

Petition for Divorce with Minor Children
Petition for Divorce Without Minor Children

Parenting Plans (Choose one depending on your situation):

Parenting Plan with Agreement – https://courtselfhelp.idaho.gov/Forms/Custody
Parenting Plan without Agreement

Additional required forms (depending on your specific case):

Motion for Temporary Orders
Motion and Affidavit for Service by Publication
Affidavit of Service by Publication
Proposed Decree of Divorce with Minor Children – https://courtselfhelp.idaho.gov/Forms/Divorce
Proposed Decree of Divorce Without Minor Children
Notice of Entry of Decree

Other Resources: