Are You Eligible to File in Idaho?
Before filling out any forms, ensure you understand Idaho’s residency requirement. To initiate a divorce in Idaho, the filing spouse must have resided in the state for at least six full weeks immediately prior to filing.
Although the window is brief compared to other states, it is non-negotiable. If you meet the criteria, you may file in your county of residence, like Ada County if you’re in Boise, Meridian, Eagle, or nearby areas.
Paperwork that Opens the Case
Every Idaho divorce begins with a small stack of “core” documents. Think of these as the keys that unlock the case:
- Family Law Case Information Sheet (CAO FL 1-1). A simple data sheet that the clerk uses to open your matter.
- Petition for Divorce. Choose the correct version: with minor children or without minor children. This sets out your grounds (most people use “irreconcilable differences”) and what you’re asking the court to decide: property, debts, support, custody, and so on.
- Summons with Orders (CAO FL 1-3). This is what gets served to your spouse. It includes standard orders (for example, not disturbing property or children) and, in cases with kids, an order to attend the parenting education program.
Tip: Use the official Idaho Court Assistance Office (CAO) packets. They’re written for non-lawyers and include the forms you’ll need plus instructions.
Filing in Ada County
Idaho courts utilize the statewide iCourt e-filing system. Attorneys are required to e-file, while individuals representing themselves can either e-file or file in person at the clerk’s counter.
Fees do change, so always verify current amounts with the clerk or CAO before filing. If money is tight, you can request a fee waiver by submitting the Motion and Affidavit for Fee Waiver along with a proposed order.
When e-filing proposed orders or decrees, follow the redaction/confidential-filing instructions to make sure sensitive information is protected while providing the court with what it needs.
Expect two types of costs:
- Filing fees: As a general guide, plan on about $207 to start a divorce and $136 for a spouse to file a response.
- Processing/vendor fees: Small convenience charges added by the e-filing system or card processor.
“You’ve Been Served” (Nicely)
Once served, the 21-day response period begins. If your spouse does not file anything by day 21, you can request a default. If they do respond, you’ll either negotiate an agreement (the easier route) or go through the contested process.
After your case is opened, you must serve your spouse with the Summons and Petition (and any court orders issued at filing). You can:
- Ask your spouse to sign an Acknowledgment of Service, or
- Use a process server or sheriff and file an Affidavit of Service.
- Can’t find them? Idaho provides a Service by Publication process with its own steps and timelines.
When Kids Are Involved
In Ada County, most cases involving children require both parents to complete Focus on Children, a brief parent education program (often available online). There’s a modest fee per parent. Judges generally won’t sign a final decree until both certificates are on file.
If you have minor children, plan on a few additional documents completed early to keep things on track:
- Affidavit Verifying Income for both parents.
- Child Support Worksheet (standard or shared/split custody).
- A detailed Parenting Plan that spells out legal decision-making, parenting time, holidays, exchanges, travel, and communication.
Mandatory Disclosures That Keep Things Honest
Suppose a Response is filed and your case isn’t resolved within 35 days. In that case, Idaho requires each side to exchange (not file) certain information, primarily an Inventory of Property and Debts, along with income documents when child support is involved.
You’ll usually file only a Certificate of Service showing you exchanged the information. Full, timely disclosure prevents sanctions and accelerates settlement.
A Realistic Timeline
You can improve your timeline by staying organized, communicating clearly, and being open to reasonable solutions.
Idaho law prevents a divorce from finalizing before 21 days after service, which is the earliest possible time, and only if everything is uncontested and in order. Real-world timelines can vary, so keep these points in mind:
- Uncontested/Stipulated: Weeks after the 21-day mark, depending on how fast you exchange disclosures, complete classes (if any), and submit clean paperwork.
- Contested: Several months or more, especially if you need temporary orders, discovery, mediation, evaluations, or trial.
Choose Your Finish: Default vs. Deal
You’ll finalize your case one of two ways:
1) Default (no response). If your spouse doesn’t respond, you can ask the clerk or court to enter a default and submit your Decree of Divorce along with supporting documents. Idaho also requires the Vital Statistics Certificate of Divorce. That certificate is not available online and usually can’t be e-filed. You will need to get it from the clerk or Court Assistance Office and file it in person or by mail.
2) Stipulation (agreement). If you and your spouse settle, both of you must sign a Sworn Stipulation for Entry of Decree and submit a proposed Decree of Divorce that reflects your agreement. For cases involving children, include the Child Support Order Transmittal and make sure your parenting class certificates are filed. The Vital Statistics Certificate is still necessary to complete the court’s record.
Tips for Boise Residents
- Read your Summons Orders. Those “automatic” orders are binding from day one, don’t transfer, hide, or waste community assets, and follow the rules about contact and children.
- Name changes: Want your former name restored? Put it in the Petition and Decree so the court can grant it cleanly.
- Real estate and titles: If one spouse will keep the home or vehicles, plan for refinancing and title/registration changes so the decree’s terms are actually doable.
Need a Lawyer in Idaho?
Paperwork shouldn’t add to an already stressful season. If you’re filing in Boise, Ada County, or anywhere in Idaho, this checklist will help you start smoothly and avoid common mistakes.
When questions arise about what to file, how to serve, or how to finalize, Anthon Law is here with friendly, practical guidance.
Reach out to Brett now if you need professional assistance.
