Idaho Divorce FAQS

Divorce records are maintained by the Idaho Bureau of Vital Records and Health Statistics. Certified copies can be ordered online, by mail, or in person. Court clerks in the county where the divorce was filed also keep records.

Yes, divorce decrees are generally public. However, some sensitive details (like financial or custody information) may be sealed by court order.

Processing times vary by county but usually take 2-4 weeks if ordered through the Bureau of Vital Records. Some county clerk offices may provide same-day copies in person.

Idaho allows both no-fault divorce (irreconcilable differences) and fault-based divorce (adultery, extreme cruelty, desertion, felony conviction, etc.).

Yes. Most Idaho divorces are filed on the basis of irreconcilable differences.

Idaho is a community property state, meaning marital property and debts are generally divided equally, though judges may adjust division for fairness.

Courts use professional valuation methods, such as income-based, asset-based, or market-based approaches.

Yes, if the business (or its growth) is considered community property, your spouse may have a claim.

Prenuptial agreements, postnuptial agreements, and buy-sell agreements can help. Otherwise, negotiation or offsetting assets may be used to keep business control intact.

Cases involving significant assets (real estate, investments, businesses, retirement accounts) and complex financial portfolios.

Through forensic accounting, appraisals, and expert testimony to ensure accurate valuation and equitable distribution.

Yes, as long as they were entered into voluntarily and are not unconscionable.

Yes. Federal laws such as the Servicemembers Civil Relief Act (SCRA) may delay proceedings while a spouse is on active duty.

Military pensions are treated as community property and divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA).

You may file in Idaho if it is your state of legal residence, even if stationed elsewhere.

Yes. Since the 2015 Obergefell v. Hodges ruling, same-sex couples have the same divorce rights.

Yes, as long as residency requirements are met.

Custody is determined based on the best interests of the child, regardless of parents’ gender or sexual orientation.

Recent CDC data shows Idaho’s divorce rate is around 3.9 per 1,000 people, slightly above the U.S. average.

Yes. Divorce is most common among couples in their 30s to early 40s, but older couples (“gray divorce”) are increasingly represented.

Yes, studies suggest rural counties often see higher divorce rates due to economic stress and fewer support services.

Irreconcilable differences, financial stress, adultery, and substance abuse are leading causes.

While Idaho is a no-fault state, adultery may affect property division or spousal support in some cases.

Yes. Economic hardship is consistently cited as a major contributing factor.

File a Petition for Divorce Serve your spouse Exchange financial disclosures Negotiate settlement or attend trial Receive a Divorce Decree

Uncontested divorces can take 2-3 months. Contested divorces may take a year or more.

Some counties require mediation in custody disputes, but not in all divorce cases.

At the county district court where you or your spouse live.

No, but an attorney is recommended for complex cases. Self-help forms are available online.

At minimum: Petition for Divorce, Summons, and Family Law Case Information Sheet.

Order from the Idaho Bureau of Vital Records online, by mail, or in person.

Yes. A divorce decree is the full court order, while a certificate is a shorter summary for official use.

Fees typically start at $16-20 per copy.

Your filing status changes (single or head of household). Property division and support payments also carry tax implications.

For divorces finalized after 2019, alimony is not taxable to the recipient and not deductible for the payer.

Usually the custodial parent, unless parents agree otherwise in writing.

Based on both parents’ incomes, number of overnights, and child-related expenses. Idaho uses an Income Shares Model.

Basic living costs (food, clothing, shelter) plus health insurance, daycare, and sometimes extracurricular activities.

Until the child turns 18 (or 19 if still in high school).

Yes, available through the Idaho Supreme Court’s Child Support Guidelines.

Income of both parents, custody schedule, health insurance, and extraordinary expenses.

Yes, using the calculator to generate a guideline estimate.

By filing a petition with the court or working through the Idaho Department of Health & Welfare (Child Support Services).

Yes, through a modification request if circumstances change significantly (income, custody, health needs).

The state can enforce payment through wage garnishment, license suspension, tax refund interception, or contempt of court penalties.