Divorce in Idaho
Divorce is a big decision. In Idaho, the process can feel overwhelming—but you don’t have to face it alone. At Idaho Divorce Law, we provide straightforward information and professional support so you know what to expect every step of the way.
Understanding Divorce in Idaho
Unlike some states, Idaho allows both no-fault and fault-based divorces. That means you can file because of “irreconcilable differences” (no-fault) or on specific grounds like adultery, cruelty, or abandonment.
Here’s what you should know before filing:
- Residency: You or your spouse must have lived in Idaho for at least 6 weeks before filing.
- Filing: Divorce begins when one spouse files a petition with the district court.
- Serving: The other spouse must be formally served with divorce papers.
- Decisions: The court will address property division, child custody, child support, and possible spousal support.
- Timeline: Uncontested divorces may finish in a few months, while contested cases can take longer.
Do both spouses have to agree to the divorce?
No. As long as one spouse meets residency requirements and files correctly, the case can move forward.
How is property divided in Idaho?
Idaho is a community property state, meaning marital property is generally divided equally between spouses.
What about child custody?
The court prioritizes the best interests of the child, considering stability, safety, and each parent’s ability to provide care.
Can I file if I just moved to Idaho?
You need to live in Idaho for at least 6 continuous weeks before filing.
The Legal Process in Idaho
Step 1: File a Petition
Submit a divorce petition with the court in your county.
Step 2: Serve Your Spouse
Ensure your spouse receives the papers legally.
Step 3: Exchange Information
Work through finances, property, and parenting plans.
Step 4: Court Resolution or Agreement
If both spouses agree, the process is faster. If not, a judge will decide contested issues.