You are allowed to file for divorce in Idaho if you or your spouse has lived in the state for a minimum of six weeks. Generally, no divorce will be granted until at least 21 days have passed following the date on which the non-filing party was served with the divorce petition. If a
divorce case is contested, it is not unusual for resolution of the case (granting of the divorce) to take six months or more.

Idaho Code has adopted community property principles in determining rights to property acquired during the marriage. What this means is that generally all property acquired during the marriage is presumed to be community property. Generally community property will be divided equally by the Judge. The Judge can make an unequal division, if he or she finds there are compelling reasons to do so.

Example of an Idaho Divorce Paper

Idaho Divorce Papers

These and other divorce papers can be found online at the Court Assistance Office of the State of Idaho Judicial Branch website.

With No Minor Children

To initiate a divorce with no minor children in Idaho, you will need the following forms:

• Idaho Divorce Instructions Steps For Divorce Without Minor Children
• Idaho Family Law Case Information Sheet
• Idaho Petition For Divorce No Minor Children
• Idaho Summons With Orders
• Idaho Acknowledgment of Service By Defendant
• Idaho Affidavit of Service With Orders
• Idaho Sworn Stipulation For Entry of Divorce
• Idaho Decree of Divorce With No Children
• Idaho Vital Statistics Certificate of Divorce

With Minor Children

To initiate a divorce with minor children in Idaho, you will need the following forms:

• Idaho Divorce Instructions Steps For Divorce With Minor Children
• Idaho Family Law Case Information Sheet
• Idaho Petition For Divorce With Minor Children
• Idaho Summons With Orders
• Idaho Affidavit Verifying Income
• Idaho Shared or Split Custody Worksheet or
• Idaho Standard Custody Worksheet
• Idaho Parenting Plan
• Idaho Acknowledgment of Service By Defendant
• Idaho Affidavit of Service With Orders
• Idaho Sworn Stipulation For Entry of Divorce
• Idaho Decree of Divorce With Children
• Idaho Support Order Transmittal Form
• Idaho Vital Statistics Certificate of Divorce