Idaho Divorce Self-Help Tools

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The basics

Idaho divorce at a glance

How property is divided Community property — generally split 50/50, but courts can make an equitable division based on circumstances (Idaho Code § 32-906, § 32-712)
Filing fee ~$207 for petitioner, ~$136 for respondent · varies by county
Residency requirement 6 weeks in Idaho before filing (Idaho Code § 32-701)
Waiting period 21 days after service of process (Idaho Code § 32-716)
Fault required? No — irreconcilable differences is sufficient. Fault-based grounds are also available (Idaho Code § 32-610, § 32-604, § 32-605, § 32-606, § 32-607, § 32-608, § 32-603, § 32-801)
Mediation Generally voluntary, but courts may mandate it, especially in cases involving children
Typical uncontested cost ~$1,500 - $4,000 (attorney fees) + $207 (filing fee)

Common questions

What people ask us

How long does a divorce take in Idaho?

An uncontested divorce in Idaho can be finalized in as little as 21 days after the divorce petition is served, but typically takes 30-90 days. Contested divorces, involving disputes over issues like property or child custody, can take several months to years to resolve.

Do I need a lawyer to get divorced in Idaho?

While it is not legally required to have a lawyer for a divorce in Idaho, it is highly recommended. A lawyer can help protect your best interests, especially in contested cases, situations involving domestic abuse, child abuse, or significant power imbalances.

Is Idaho a no-fault divorce state?

Yes, Idaho is both a no-fault and fault-based divorce state. A no-fault divorce can be granted based on 'irreconcilable differences,' meaning there are substantial reasons for not continuing the marriage. Fault-based grounds such as adultery or extreme cruelty are also available but less commonly used.

How is property divided in Idaho divorce?

Idaho follows community property laws (Idaho Code § 32-906), meaning that most assets and debts acquired during the marriage are presumed to be owned equally by both spouses and are generally split 50/50. However, courts have discretion to make an 'equitable' division based on specific circumstances (Idaho Code § 32-712).

Can I change my last name back to my maiden name during a divorce in Idaho?

Yes, during a divorce in Idaho, you have the option to change your last name back to your maiden name. This must be included in the decree of divorce. There is no requirement to change your name, and you can choose to keep your married name if you wish.

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All 44 counties

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Each county can have its own filing office or local court resources. Find your area's e-filing portal and case search below.

Official sources