By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Idaho Divorce Law
How long does divorce take in Idaho? The fastest divorce in Idaho takes a minimum of 21 days due to the mandatory waiting period under Idaho Code § 32-716. In practice, an uncontested divorce typically takes 30 to 90 days from filing to final decree, while contested cases can stretch from six months to two years or longer depending on disputes over property, custody, and support.
Idaho Divorce Timeline Overview
Understanding the divorce duration in Idaho starts with recognizing that no two cases follow exactly the same path. Idaho law imposes certain minimum timing requirements, but the actual divorce timeline depends heavily on whether the case is uncontested or contested, the county where you file, and the complexity of issues involved.
Here is a general breakdown of how long does divorce take in Idaho based on case type:
- Uncontested divorce (all issues agreed): 30 to 60 days in most counties; 60 to 90 days in Ada County
- Default divorce (spouse does not respond): 30 to 90 days
- Contested divorce (disputes present): 6 months to 2 years or more
- Contested divorce with trial: 1 to 2+ years
Idaho Residency Requirements for Divorce
Before you can even begin the divorce timeline in Idaho, you must satisfy the state's residency requirement. Under Idaho Code § 32-701, the plaintiff (the spouse who files) must have been a resident of Idaho for at least six full weeks immediately preceding the filing of the divorce petition. This is one of the shortest residency requirements in the United States.
Key points about Idaho residency for divorce:
- Only the filing spouse needs to meet the six-week residency requirement
- The respondent (non-filing spouse) does not need to live in Idaho
- Military personnel stationed in Idaho may be able to establish residency for divorce purposes even without being permanent residents, depending on their circumstances
- You must file in the district court of the county where the defendant spouse resides; if the defendant lives outside Idaho, you may file in any convenient county (Idaho Code § 5-404)
The 21-Day Mandatory Waiting Period
Idaho imposes a mandatory waiting period before any divorce can be finalized. Under Idaho Code § 32-716, no hearing on the merits and no final decree may be entered until at least 21 days after both the commencement of the action and service of process on the other spouse. This is sometimes called the "cooling-off" or "reconciliation" period.
Important details about the waiting period:
- The 21-day clock starts when the respondent is properly served with the divorce petition or accepts service
- The 21 days include weekends and holidays (calendar days, not business days)
- If the 21st day falls on a weekend or court holiday, the waiting period concludes on the next business day the court is open
- This waiting period cannot be waived, even if both spouses agree and want to proceed faster
- During the waiting period, the court may order a reconciliation conference upon request of either party
- If minor children are involved and the court finds reconciliation attempts are warranted, the court may stay proceedings for up to an additional 90 days
This waiting period is what sets the absolute floor for how long does divorce take in Idaho. Even in the most cooperative, fastest divorce scenario, you cannot receive a final decree before this 21-day period expires.
Step-by-Step Idaho Divorce Process and Timeline
Here is the typical sequence of events, along with estimated timeframes, for an Idaho divorce:
Step 1: Prepare and File the Petition (Week 1)
The process begins when one spouse (the petitioner) files a Petition for Divorce with the clerk of the district court. Along with the petition, the petitioner must file:
- A Family Law Case Information Sheet
- A Summons
- The court will attach a Joint Preliminary Injunction to each petition
The petitioner must pay the filing fee at the time of filing. The filing fee for the petitioner is approximately $207. The respondent's appearance fee is approximately $136. As of February 2026. Verify with your local clerk, as fees may vary slightly by county.
If you cannot afford the filing fee, you may file a Motion and Affidavit for Fee Waiver asking the court to exempt you from payment.
Step 2: Serve the Other Spouse (Weeks 1 to 3)
After filing, the petitioner must serve the respondent with copies of the filed documents. Service must be performed by someone who is at least 18 years old and not a party to the case. The respondent can also sign an Acknowledgment of Service form, which eliminates the need for formal service.
If the respondent cannot be located, the petitioner may request permission to serve by publication, which can add several weeks to the divorce timeline.
Step 3: Response Period (21 Days After Service)
Once served, the respondent generally has 21 days to file a Response or a Response and Counterclaim. This overlaps with the mandatory 21-day waiting period under I.C. § 32-716. During this time:
- If the respondent agrees with everything, the spouse may sign a Sworn Stipulation for Entry of Decree, making the divorce uncontested
- If the respondent disagrees, they file a Response contesting the divorce terms, which shifts the case onto a contested track
- If the respondent fails to respond within the deadline, the petitioner may proceed with a default divorce
Step 4: Mandatory Disclosures (Within 35 Days of Response)
When a response is filed, both parties must exchange certain financial information within 35 days, unless the case is resolved by default or stipulation within that period. Required disclosures typically include an Inventory of Property and Debts and, if children are involved, Mandatory Child Support Disclosures.
Step 5: Negotiation, Mediation, or Trial Preparation
For contested cases, this phase can take months. Factors that extend the timeline include:
- Discovery (requesting documents, depositions, and interrogatories)
- Mediation sessions (Idaho courts encourage and may require mediation, especially in custody disputes)
- Settlement negotiations
- Court scheduling and caseload backlog
- Parenting workshops (required for cases involving minor children)
For a contested case, you will ordinarily have a trial within six months if a Response has been filed, according to the Idaho Court Assistance Office.
Step 6: Finalization and Entry of Decree
The divorce is final on the day the judge signs the Decree of Divorce. For uncontested cases resolved by stipulation, no court hearing may be necessary. For contested cases, finalization occurs after trial or after the parties reach a settlement agreement.
Uncontested vs. Contested Divorce Duration
Uncontested Divorce
An uncontested divorce is the fastest divorce option in Idaho. Both spouses agree on all major issues including property division, debt allocation, child custody, child support, and spousal maintenance. When parties agree, they submit a Sworn Stipulation for Entry of Decree, and the judge can sign off without a hearing.
Typical timeline: 30 to 60 days in most Idaho counties; 60 to 90 days in Ada County (Boise) due to higher case volume.
A decree could theoretically be entered as soon as 21 days after service, but practical considerations such as paperwork processing and court scheduling usually add time.
Contested Divorce
When spouses cannot agree on one or more issues, the divorce is contested. These cases involve additional filings, hearings, negotiations, and potentially a full trial. Issues such as child custody or division of significant assets can take many months or even years to resolve.
Typical timeline: 6 months to 2 years or more.
A contested divorce may also require mediation or settlement conferences before trial. Most Idaho divorces ultimately settle before reaching trial, though the negotiation process itself can be time-consuming.
Grounds for Divorce in Idaho
Idaho recognizes both no-fault and fault-based grounds for divorce, and the type of grounds you choose can affect the divorce duration.
No-Fault Grounds
The most commonly used ground is "irreconcilable differences," meaning there are substantial reasons for not continuing the marriage and the marriage should be dissolved (Idaho Code § 32-610). You can also file on no-fault grounds if you and your spouse have lived separate and apart for at least five years.
Approximately 99% of Idaho divorces are filed on no-fault grounds. No-fault cases tend to move faster because spouses do not need to argue about or prove fault.
Fault-Based Grounds
Idaho also permits fault-based divorce under Idaho Code § 32-603 through § 32-609. Available fault grounds include:
- Adultery
- Extreme cruelty
- Willful desertion for one year
- Willful neglect to provide common necessities of life
- Habitual intemperance (substance abuse)
- Conviction of a felony
- Permanent insanity
Fault-based cases require evidence, additional hearings, and more attorney time, which significantly extends the divorce timeline.
Property Division in Idaho Divorce
Under Idaho Code § 32-903, Idaho is a community property state. All property and debts acquired during the marriage are generally considered community property and are divided equally (50/50) between spouses. Separate property, which includes assets owned before marriage or received by gift or inheritance during the marriage, typically remains with the original owner.
Complex property division, especially involving business interests, real estate, retirement accounts, or significant assets, can add months to the divorce duration as valuations and negotiations take place.
Spousal Maintenance (Alimony) in Idaho
Spousal maintenance is not automatic in Idaho. Under Idaho Code § 32-705, the court may award maintenance if the requesting spouse lacks sufficient property to provide for reasonable needs and cannot support themselves through employment. The court considers factors including:
- Financial resources of the requesting spouse
- Time needed to acquire education or training for employment
- Duration of the marriage
- Age and physical and emotional condition of the requesting spouse
Disputes over maintenance can extend the divorce timeline, particularly in longer marriages where financial disparity between spouses is significant.
Child Custody and Support Considerations
Child custody and support issues are among the most time-consuming aspects of an Idaho divorce. Under Idaho Code § 32-717, custody determinations are based on the best interests of the child. Idaho law presumes that joint custody is in the child's best interests (I.C. § 32-717B).
If minor children are involved:
- Both parties must attend a court-required parenting workshop (such as the "Focus on the Children" class) before the divorce can be finalized
- Child support is calculated using Idaho's Child Support Guidelines
- Custody disputes often require mediation, guardian ad litem appointments, or custody evaluations, each of which adds time
Recent Idaho Family Law Updates (2024 to 2025)
Several notable changes have affected Idaho family law in recent years:
- Guardian Ad Litem Flexibility (2024): As of July 1, 2024, courts gained more flexibility to appoint a guardian ad litem as a neutral advocate for children during divorce proceedings, rather than requiring a traditional attorney in every case
- Parental Rights Act (2024): Idaho enacted Senate Bill 1329 in 2024, strengthening a parent's authority over a minor child's non-emergency medical care, with proposed 2025 changes creating exemptions for urgent or forensic medical situations
- Child Advocate Rules (2025): Revised Rule 118, effective in 2025, creates a formal structure for appointing attorneys or guardians ad litem to represent children in custody disputes
- Child Support Guidelines Review: The Idaho Supreme Court has been reviewing potential updates to the state's Child Support Guidelines, which could affect calculations in shared custody or high-income cases
None of these changes alter the fundamental divorce timeline or waiting period, but they may affect how long custody-related proceedings take in individual cases.
Filing Fees and Court Costs
Here is a summary of the primary fees associated with filing for divorce in Idaho:
- Petitioner filing fee: Approximately $207
- Respondent appearance fee: Approximately $136
- Service of process fees: Vary by method (sheriff service, private process server, or publication)
- Focus on the Children class: Approximately $30 per person (required if minor children are involved)
- Mediation fees: Vary by provider
As of February 2026. Verify with your local clerk. Fees may vary by county. Fee waivers are available for those who qualify based on financial hardship by filing a Motion and Affidavit for Fee Waiver.
Resources and Court Links
- Idaho Court Assistance Office (forms and instructions): courtselfhelp.idaho.gov/Forms/divorce
- Idaho State Legislature (full text of divorce statutes): legislature.idaho.gov/statutesrules/idstat/title32/
- Idaho Supreme Court (court rules and fee schedules): isc.idaho.gov
- Civil Case Filing Fee Schedule (Appendix A of I.R.C.P.): Available at isc.idaho.gov/main/idaho-court-rules
Frequently Asked Questions
Q1: What is the fastest divorce you can get in Idaho?
The absolute minimum time for a divorce in Idaho is 21 days after filing and service of process, as required by the mandatory waiting period under Idaho Code § 32-716. In practice, even the fastest divorce typically takes four to five weeks because of the time needed for paperwork processing and court review. This fastest timeline applies only to fully uncontested cases where both spouses agree on every issue and the respondent promptly accepts service.
Q2: How long does an uncontested divorce take in Idaho?
An uncontested divorce in Idaho, where both spouses agree on all issues including property division, child custody, and support, typically takes 30 to 60 days in most counties. In Ada County (which includes Boise), the process tends to take 60 to 90 days due to higher case volume. If the case is finalized by stipulation, no court appearance may be required.
Q3: How long does a contested divorce take in Idaho?
A contested divorce in Idaho usually takes six months to two years or longer, depending on the complexity of the disputed issues. Cases involving significant property, custody battles, or the need for extensive discovery and expert evaluations take the longest. If a Response is filed, the court typically schedules a trial within six months, though settlement before trial is common.
Q4: Can the 21-day waiting period be waived in Idaho?
The statute does not provide discretion to waive the 21-day waiting period. Idaho Code § 32-716 makes this mandatory for all divorce cases. However, some practitioners have noted instances where judges in stipulated cases have entered decrees before the full 21-day period expired, though this is not standard practice and should not be relied upon.
Q5: What are the residency requirements for filing for divorce in Idaho?
Under Idaho Code § 32-701, the plaintiff must have been a resident of Idaho for at least six full weeks immediately before filing the divorce petition. This is one of the shortest residency requirements in the country. Only the filing spouse must meet this requirement; the other spouse does not need to live in Idaho.
Q6: How much does it cost to file for divorce in Idaho?
The filing fee for the petitioner is approximately $207, and the respondent's appearance fee is approximately $136. Additional costs may include service of process fees, the Focus on the Children class (about $30 if minor children are involved), mediation fees, and attorney fees if you hire legal counsel. Fee waivers are available for those who demonstrate financial hardship. As of February 2026. Verify with your local clerk.
Q7: Is Idaho a community property state?
Yes. Under Idaho Code § 32-903, Idaho is a community property state. All property and debts acquired during the marriage are generally divided equally (50/50) between spouses. Separate property, such as assets owned before the marriage, gifts, and inheritances, typically remains with the original owner. Prenuptial and postnuptial agreements may alter these default rules.
Q8: Do I need to appear in court for an Idaho divorce?
Not necessarily. In uncontested cases where both spouses have signed a Sworn Stipulation for Entry of Decree, the judge may approve the divorce without requiring a court hearing. However, contested cases will require one or more court appearances, including potential mediation sessions, status conferences, and possibly a trial.
Q9: What happens if my spouse does not respond to the divorce petition?
If your spouse is properly served but fails to file a response within the time allowed (generally 21 days), you may proceed with a default divorce. The court can grant the divorce and accept the terms you proposed in your petition. However, the 21-day mandatory waiting period still applies, and if minor children are involved, you must still complete the required parenting workshop.
Q10: How long does divorce take in Idaho if we have children?
Divorces involving minor children typically take longer because of additional requirements. Both parents must attend a court-mandated parenting workshop (such as the Focus on the Children class) before the divorce can be finalized. Custody disputes may require mediation, guardian ad litem involvement, or custody evaluations. If custody is agreed upon, the timeline may only add a few weeks beyond a childless divorce. If custody is contested, expect the process to take six months to well over a year.
Disclaimer: This guide provides general legal information about Idaho divorce law and is not a substitute for personalized legal advice. Laws, court rules, and filing fees are subject to change. Consult with a qualified Idaho family law attorney for guidance specific to your situation. Filing fees stated are approximate as of February 2026; verify with your local district court clerk.