Uncontested Divorce in Idaho

There are generally two types of divorce available in most states: contested and uncontested. A divorce is "contested" when the spouses don't agree on some or all aspects of the divorce, meaning that a judge will hold a trial, examine the evidence, and call witnesses. The contested divorce process takes quite a while.

In contrast, in an uncontested divorce—also called a "divorce by stipulation" in Idaho—the spouses agree on all of the issues required to end their marriage, so there's no need for the judge to hold a trial. An uncontested divorce is much faster and cheaper than traditional divorce—spouses can often use a DIY solution like an online divorce service. They do, though, also have the option of getting professional help.

What Is an Uncontested Divorce in Idaho?

There are two kinds of uncontested divorces in Idaho: divorce by default and divorce by stipulation. Both options are available regardless of whether you and your spouse have minor children together.

Divorce by Default

In a "divorce by default" the petitioner (spouse who initiates the divorce) files and serves the papers, but the respondent (other spouse) doesn't file a response within the 20-day (or 30-day for out of state respondents) period for responding. In other words, the respondent "defaults," or forfeits the right to be heard, by not responding within the prescribed time. Once the time frame for responding has passed without a response, the petitioner can finalize the divorce.

Divorce by Stipulation

An alternative way to obtain an uncontested divorce is through a "divorce by stipulation." A divorce by stipulation is one where both spouses have worked out all the terms of their divorce and are ready to ask a judge to finalize the 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
• child support, health and dental insurance, and medical expenses for the children
• tax deductions and exemptions
• division of the marital assets and debts
• alimony
• the legal reason (also known as "grounds") for the divorce, or
• any other dispute involving your marriage.

How to Get a Divorce in Idaho

Only Idaho residents qualify to get divorced in the state. The spouse filing for divorce must have been living in the State of Idaho for at least six weeks before at the time of filing. (Idaho Code § 32-701 (2020).) In addition, you have to give the court a reason to grant the divorce.

Idaho recognizes the no-fault grounds of "irreconcilable differences," as well as seven fault grounds for divorce:

• adultery
• extreme cruelty
• willful desertion
• willful neglect
• habitual intemperance
• conviction of a felony-level crime, and
• permanent insanity.

To divorce by stipulation, you and your spouse must agree about the reason why your marriage ended. It's very common for spouses to cite irreconcilable differences as the cause of their divorce, because it's a non-specific way of saying that the marriage broke down and can't be saved. (Idaho Code § 32-616 (2020).)

Making Sense of a Do-It-Yourself Divorce in Idaho

One of the most important things you'll need to understand about getting divorced in Idaho is how the court system is structured. The top courts in Idaho are the Court of Appeals and the Supreme Court. That's where all the appeals go. Underneath thee higher level courts, Idaho is divided into seven judicial districts. Each county has its own district court, and every district court includes a special kind of sub-court known as a magistrate division. District courts and magistrate divisions have separate judges. Magistrate judges handle all divorce proceedings.

Use the Idaho Judicial Branch's court locator website to find the court where you should file your divorce. You're responsible for knowing where to file your papers—a judge can toss or transfer your divorce if you file in the wrong court, and you might have to start over.

How Long Does a Divorce Take in Idaho?

Uncontested divorces in Idaho are relatively fast, depending on how quickly you and your spouse are able to reach a stipulation. Unlike some other states, Idaho has a very short divorce waiting period. If all goes right, your divorce could be finalized after the mandatory waiting period expires. The waiting period starts when the other spouse is served with the divorce paperwork, and requires a judge to wait at least 20 days before granting your divorce. There is some variation on the divorce process depending on where you live and whether you have children, but generally speaking, the uncontested divorce process looks like this:

If you're the spouse filing for divorce, you'll complete the summons and petition, as well as supplemental documents pertaining to income, expenses, assets, liabilities, and the children (if any). Many Idaho divorce forms are available through the Idaho Court Assistance Office. You'll sign the petition in front of a notary, make two copies, and take the documents to the court for filing. You'll need to pay the divorce filing fee or request a fee waiver. A court clerk will provide you with a case number for your divorce.

With the case number and file-stamped divorce paperwork, you can arrange to have your spouse "served" by a sheriff or process server. Alternatively, your spouse can accept service of the divorce complaint by signing a waiver of service.

If you and your spouse have children and were ordered to attend a parent education class, you must attend and complete the class before your divorce will be granted. You and your spouse will also have to submit your signed written divorce stipulation to the court for approval. Couples can prepare a stipulation on their own or with the help of a mediator.

You might have to submit some additional paperwork if you obtain a divorce by default. A judge might also ask you to supply income information if child support or alimony is part of your divorce stipulation. It's important to be prepared to file any other documents that the court requires.