How to File for Divorce in Idaho Without a Lawyer
Complete step-by-step guide to filing for divorce in Idaho without an attorney. Save thousands in legal fees.
Overview: Filing for Divorce in Idaho Without a Lawyer
Idaho requires only 6 weeks residency with a 20-day waiting period. The state is a community property state with both fault and no-fault grounds. DIY divorce is feasible for uncontested cases.
Can You File Without a Lawyer in Idaho?
✓ Good Candidates for DIY Divorce:
- Both agree to divorce
- Agreement on community property division
- No contested custody issues
- No spousal support disputes
- Both willing to divide 50/50
⚠ Consider Hiring a Lawyer If:
- Complex community property issues
- Significant separate property claims
- Child custody disputes
- Business ownership
- Retirement account division
Step-by-Step: How to File for Divorce in Idaho
Meet 6-Week Residency
Either spouse must have lived in Idaho for at least 6 weeks.
- One of shortest in nation
- Idaho driver's license
- Proof of residency
Complete Petition for Divorce
Fill out Petition for Divorce (Complaint).
- Filing fee: $200-250
- State irreconcilable differences
- Use Idaho court forms
File with District Court
Submit petition to district court in your county.
- Bring original + copies
- Pay filing fee
- Get case number
Serve Your Spouse
Have spouse served by authorized person.
- Cannot serve yourself
- Sheriff or process server
- Spouse can accept service
Wait 20 Days
Idaho requires 20-day waiting period from service.
- Cannot finalize earlier
- Prepare settlement
Exchange Financial Declarations
Both complete Verified Financial Statements.
- Required disclosure
- List all assets/debts
- Separate vs community property
Draft Settlement Agreement
Create comprehensive settlement agreement.
- Divide community property 50/50
- Address separate property claims
- Include custody if children
Submit Final Documents
File settlement and proposed decree.
- Both signatures required
- May need brief hearing
Receive Decree
Court issues Decree of Divorce.
- Request certified copies
- Effective immediately
Required Forms for Idaho Divorce
Petition for Divorce (Varies)
RequiredVerified Financial Statement (CAO FL 1-3)
RequiredSettlement Agreement (Custom)
RequiredNote: Always use the most current forms from your state's court website. Forms may be updated periodically.
Cost Breakdown for Idaho DIY Divorce
💰 DIY Divorce
- Filing fee: $200-250
- Service fee: $50-100
- Misc costs: $25-$100
👔 With Attorney
Includes attorney fees, court costs, and filing fees for uncontested to contested cases
For detailed cost breakdown including attorney fees and scenarios: View Idaho Divorce Costs →
Common Pitfalls to Avoid
Not understanding community property (50/50)
Failing to meet 6-week residency
Incomplete separate property documentation
Not waiting 20 days
Frequently Asked Questions About Idaho DIY Divorce
Why is Idaho's residency requirement so short?
Idaho's 6-week residency requirement is one of the shortest in the nation, second only to Nevada. This makes Idaho attractive for divorces when one party is a recent resident.
What is community property in Idaho?
Community property is all assets and debts acquired during marriage. Idaho divides community property 50/50. Separate property (owned before marriage or inherited) is not divided.
Can I file for divorce without a lawyer in Idaho?
Yes, Idaho provides forms and allows self-representation. The court system has self-help resources.
Need Professional Help?
While DIY divorce can save money in Idaho, consulting with an attorney can help you understand your rights and avoid costly mistakes.