Full Answer
To file for divorce in Idaho, you must have resided in the state for a minimum of 6 weeks. The residency requirement of Idaho is significantly shorter compared to the other US states. Once the divorce papers are served to your spouse, there is a waiting period of a minimum of 20 days before the final divorce judgment is entered.
To apply for a divorce you’ll need:
What Is the Cheapest Way to Get a Divorce?
Divorce by stipulation is quicker and cheaper than having to go to court and argue in front of a judge. You can't seek an uncontested divorce if you and your spouse disagree about any of the following: child custody and visitation, including where your children will live.
Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesIdaho$154 (without minor children), $207 (with minor children)Illinois$334 (District specific fees. This example is from Lake County Circuit.)Indiana$157Iowa$18548 more rows•Jul 21, 2020
$207Divorce Filing Fees in Idaho The 2022 filing fee for divorce in Idaho is $207. If you can't afford the filing fees, you can request a waiver by filing a Motion and Affidavit for Fee Waiver and prepare an Order RE: Fee Waiver for the court.
Filing for a legal separation is much like filing for a divorce. The law in Idaho allows for a no-fault divorce in cases where the spouses have irreconcilable differences or have been separated for at least five years. There are also divorces based upon the fault of one of the spouses.
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.
To proceed with a legal separation, you and your spouse must file a petition with the court. You must also serve this petition on your spouse or another adult who lives with your spouse. Once you file the petition, the court will grant you and your spouse a hearing date to appear before a judge.
The “no fault” ground for divorce in Idaho is called “irreconcilable difference.” You can also divorce if living separately for at least five years.
Idaho Divorce Law Summary Most of the time this is when both sides separate amicably. The fault based complaint is also available, but the courts in Idaho only recognize adultery, extreme cruelty, willful desertion, willful neglect, habitual drunkenness, felony conviction, and permanent insanity as reasons.
In Idaho, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party unless the court finds such a division to be inequitable or parties agree to a different formula under which to divide property.
There is no legal significance as to which party files a Petition for Divorce first. There is no significant advantage for being the first to file as the other party, the respondent, will have the opportunity to respond to the petition and file their own counterclaim, if desired.
Whether a couple is formally or informally separated, they are still married. That means that any extramarital relations or dating during this period could be considered adultery.
You may remarry at any time AFTER the Judge signs the final Decree of Divorce. 10.