Divorce Resources in Idaho: Court Forms, Legal Aid & Filing Guide

To file for divorce in Idaho, you must have been a resident of the state for at least six full weeks immediately before filing, as required by Idaho Code § 32-701. File your Petition for Divorce — form CAO D 1-5 if you have minor children or CAO D 1-6 if you do not — in the district court of the county where your spouse resides. If your spouse does not live in Idaho or their county is unknown, you may file in any Idaho county. Idaho is a no-fault divorce state, and the most common ground is irreconcilable differences under Idaho Code § 32-603. The filing fee is $221, payable to the county clerk at the time of filing. You must also file a Family Law Case Information Sheet (CAO FL 1-1) with your petition.

After filing, you must serve your spouse with the Summons (CAO FL 1-3) and a copy of the petition. Service must comply with Idaho Rules of Family Law Procedure Rule 301. Your spouse has 21 days from the date of service to file a written response. If your spouse does not respond within 21 days, you may proceed to finalize the divorce by default. If your spouse files a response, both parties must exchange mandatory financial disclosures within 35 days under IRFLP Rule 401. Idaho has a mandatory 20-day waiting period between service and finalization, meaning the court cannot enter a final decree until at least 20 days after service is complete.

If you and your spouse agree on all terms, you may finalize by signing a Stipulation for Entry of Decree of Divorce (CAO D 6-8) and submitting the proposed Decree of Divorce — form CAO D 8-1 with children or CAO D 8-3 without — for the judge's signature. Cases involving minor children require a completed Parenting Plan (CAO FL-3), a Child Support Worksheet (CAO FL 1-12 or 1-13), and an Affidavit Verifying Income (CAO FL 1-11). Idaho is a community property state under Idaho Code § 32-906, so all property and debts acquired during the marriage are generally divided equally. You must also obtain a Certificate of Divorce or Annulment (form HWH-611) from the county clerk to complete the filing.

Idaho does not have a statewide statutory requirement for parenting education classes in divorce cases. However, individual judicial districts routinely order divorcing parents to complete a court-approved divorce orientation or parenting workshop. When children are involved, the court may order attendance at a divorce orientation and parenting workshop as part of the initial case management process. The Idaho Court Assistance Office lists an "Order to Attend Divorce Orientation/Parenting Workshop" among the required forms for filing a divorce with minor children. Courts in Ada County, Canyon County, and other districts typically require completion of a parenting class before the divorce can be finalized. The specific course requirements, approved providers, and deadlines vary by judicial district — contact your local court clerk or check the Court Assistance Office at courtselfhelp.idaho.gov for district-specific requirements.

Idaho courts have discretion to order mediation in divorce cases under the Idaho Rules of Family Law Procedure. Under IRFLP Rule 602, all family law actions involving a custody or parenting time dispute are subject to mediation. The court must order mediation if it finds that mediation is in the best interest of the child and is not otherwise inappropriate under the facts of the case. Parties have 28 days from entry of the mediation order to select a mediator; if they do not, the court appoints one from the Idaho Supreme Court's roster of qualified mediators under Idaho Court Administrative Rule 76. Under IRFLP Rule 603, all non-custody issues in family law actions — including property division, debt allocation, and spousal maintenance — are also eligible for court-ordered mediation. Each party pays one-half of the mediator's fees unless the court orders otherwise. Mediation communications are confidential under Idaho Rules of Evidence 408 and 507.

Idaho requires mandatory financial disclosure in all contested divorce cases under Idaho Rules of Family Law Procedure Rule 401. Both parties must exchange comprehensive financial information no later than 35 days after the responsive pleading is filed. Disclosures must include a fully completed Affidavit Verifying Income (CAO FL 1-11) if spousal maintenance or attorney fees are requested, along with tax returns, pay stubs, bank statements, and retirement account statements. Each party must also prepare a detailed inventory of all real and personal property with items valued over $100, including current fair market values. The duty to disclose is continuing — parties must provide amended disclosures before any motion hearing or trial if new information is discovered. Under IRFLP Rule 417, failure to comply with mandatory disclosure can result in monetary sanctions, adverse inferences, contempt of court charges, and attorney fee awards. Disclosures are exchanged between parties and are not filed with the court.