Idaho Divorce Checklist

divorce.law/resources/divorce-checklist/idaho/

Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

30-60 days for uncontested default divorces in most Idaho counties (60-90 days in Ada County), 4-8 months for contested cases requiring mediation and negotiation, and 12-18 months or longer for complex contested cases proceeding to trial with disputes over custody, property, or support

Documents to Gather

Certified Marriage Certificate
Birth Certificates for Minor Children
Social Security Cards or Numbers
Idaho Driver's License or State ID
Prenuptial or Postnuptial Agreement(if applicable)
Prior Court Orders(if applicable)
Immigration Documents(if applicable)

Financial Documents

Last 3 Years of Federal and State Tax Returns
Last 6 Months of Pay Stubs
Last 6 Months of Bank Account Statements
Last 6 Months of Investment and Brokerage Statements
Retirement and Pension Account Statements
Life Insurance Policies
Mortgage Statements and Property Deeds
Last 6 Months of Credit Card Statements
Vehicle Titles and Loan Statements
Business Financial Records(if applicable)
Health Insurance Policy Documents
Debt Statements for All Liabilities

Key Steps

1. Before Filing

Verify Idaho Residency Requirements
Gather Essential Personal and Financial Documents
Create a Complete Inventory of Property and Debts
Assess Safety Concerns and Seek Protection if Needed

2. Filing Process

Complete the Petition for Divorce and Required Forms
File the Petition with the District Court Clerk
Serve Your Spouse with the Divorce Papers

3. After Filing

Wait for Spouse's Response Within 21 Days
Complete Mandatory Financial Disclosures
Attend the Focus on Children Parenting Class
Participate in Mediation for Contested Custody Issues
Negotiate a Settlement or Prepare for Trial
Finalize the Divorce by Default if Spouse Does Not Respond
Obtain and Record the Final Decree of Divorce

Key Deadlines

Establish Idaho Residency6 full weeks (42 days) before filing

Respondent Must File Answer21 days after service of Summons

Mandatory Waiting Period Expires21 days after service of process

Mandatory Financial Disclosures Due35 days after responsive pleading filed

Notice of Intent to Take Default ServedAfter 21-day response period expires (if no response)

Trial Witness Disclosure42 days before trial date

Focus on Children Class CompletionBefore final Decree of Divorce is signed

Quick Reference

To file for divorce in Idaho, you must first establish residency for 6 full weeks (42 days) under Idaho Code § 32-701 — the shortest residency requirement in the nation. File a Petition for Divorce using Form CAO D 1-5 (with children) or CAO D 1-6 (no children) with the district court clerk in the county where either spouse resides, paying a $221.00 filing fee. Serve your spouse with the Summons (Form CAO FL 1-3), Petition, and Joint Temporary Restraining Order via personal service. Your spouse has 21 days to file a response. Idaho Code § 32-716 imposes a mandatory 21-day waiting period before any hearing or decree. If your spouse does not respond, serve the Notice of Intent to Take Default (Form CAO FLPi 7-5) and proceed by default. If contested, IRFLP Rule 401 requires financial disclosures within 35 days. Parents with minor children must complete the Focus on Children co-parenting class ($20) before the judge will sign the Decree. Idaho is a community property state — assets and debts acquired during marriage are divided substantially equally. Uncontested divorces typically finalize in 30-60 days; contested cases take 4-18 months. All forms are free at https://courtselfhelp.idaho.gov/Forms/divorce. Low-income filers may request a fee waiver using Form CAO FW 1-9.