The Idaho Divorce Kit
See a different stateIdaho
Idaho gives you the forms for free and one of the shortest residency waits in the country. What it doesn’t give you is the order things happen in, which forms are actually yours, or the fact that “six weeks” gets you eligible to file — not divorced. That’s this.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
1 · The two routes, and what the rule requires
Idaho has no “simplified” docket the way some states do, but it does have a real fork at the end of a case: finalise by Stipulation, where both spouses sign and the hearing can be waived entirely, or finalise by Default or Response, where the other spouse is formally served and has 21 days to answer. Choosing the wrong one does not get a case rejected; it means the wrong finalising packet gets filled in, and a trip to the clerk’s office is lost.
Residency first. Idaho Code §32-701 requires the plaintiff to have been a resident of the state for six (6) full weeks immediately before filing. It is one of the shortest residency bars of any state, and it is real — but it is a hard floor with no partial credit, and it is a floor on when a case can start, not a promise about when it will finish.
Stipulation
Rule 801(a), I.R.F.L.P.; CAO D 6-8
Both spouses sign a Sworn Stipulation for Entry of Divorce Decree setting out the whole agreement, and the defendant signs a notarized Acknowledgment of Service instead of being served by the sheriff. Under Rule 801(a) the parties may waive the right to a court hearing on the Stipulation, and a judge can sign the Decree straight off the paperwork.
Available only where all of these are true:
- The six-week residency requirement in Idaho Code §32-701 is met.
- The spouses have already agreed on how to divide property and debts — and, where there are minor children, on custody and support.
- The defendant spouse signs a notarized Acknowledgment of Service (CAO FL 2-1) rather than being formally served.
- The Stipulation is genuinely complete, signed and dated before it is filed.
That last condition is the one that bites. A half-agreement submitted as a Stipulation gets sent back, and the case reverts to the Default or Response route — minus the time already spent. This is the only route on which Idaho lets the hearing be skipped.
Default or Response
Summons with Orders, CAO FL 1-3; Rule 401 disclosure, I.R.F.L.P.
The Petition and Summons are formally served, and the other spouse has a response window. This does not necessarily mean a courtroom fight — most Idaho divorces on this route still resolve by agreement or by default rather than by trial. It means the service-and-response machinery applies.
This is the route wherever any of these is true:
- Property and debts are not yet divided.
- Spousal maintenance — Idaho’s term for alimony — is being asked for.
- There is no complete written agreement signed before filing.
- The defendant spouse has to be formally served, or may contest something.
Three clocks start at filing and none of them can be waived away. The other spouse gets a full 21 days to respond even where the couple has informally agreed on everything (see the Summons, CAO FL 1-3). If they respond and disagree with anything, Idaho’s mandatory financial disclosure rule adds another 35 days. And if they never respond at all, Idaho still requires the plaintiff to appear personally and testify at a default hearing — on this route, “uncontested” does not mean “no court date.” A cooperative spouse can sign the notarized Acknowledgment of Service (CAO FL 2-1) at any point to save the sheriff’s fee, even before negotiations are finished; if full agreement is reached later, the Sworn Stipulation forms replace the Default forms and the hearing goes away.
2 · Every form Idaho publishes for a divorce
The complete list, not a shortlist — because which forms are needed depends on facts only you and, if you need one, your lawyer can weigh. Each row says which route it belongs to and carries the revision date where the Court Assistance Office publishes one. Every one is free.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how Idaho handles divorce, and every form below is published free by Idaho itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a Idaho family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| CAO FL 1-1 | Family Law Case Information Sheet | All | 01/25 | Download |
| CAO D 1-6 | Petition for Divorce (No Children) | All — no children | — | Download |
| CAO D 1-5 | Petition for Divorce (With Children) | All — with children | — | Download |
| CAO FL 1-3 | Summons with Orders | All | 01/25 | Download |
| CAO FL 1-11 | Affidavit Verifying Income | All — with children | — | Download |
| CAO FL 1-13 | Standard Custody Child Support Worksheet (or CAO FL 1-12 if shared/split custody) | All — with children | — | Download |
| CAO FL 3 | Parenting Plan | All — with children | — | Download |
| CAO FL 2-1 | Acknowledgment of Service by Defendant (the other spouse signs — notarized) | Stipulation; also Default or Response where the spouse signs instead of being served | 01/18 | Download |
| CAO FL 2-2 | Affidavit of Service with Orders (filed once the sheriff or process server completes service) | Default or Response | — | Download |
| CAO FL 3-2 | Family Case Response (No Children) (the other spouse may file this) | Default or Response — no children | — | Download |
| CAO FL 3-3 | Family Case Response (With Children) (the other spouse may file this) | Default or Response — with children | — | Download |
| CAO FL 3-4 | Family Case Response and Counterclaim (No Children) (if they contest) | Default or Response — no children | — | Download |
| CAO FL 3-5 | Family Case Response and Counterclaim (With Children) (if they contest) | Default or Response — with children | — | Download |
| CAO RFLPPi 1-1 | Inventory of Property and Debts (exchanged with the other spouse, not filed) | Default or Response — where property and debts are not yet divided | — | Download |
| CAO FL 4-4 | Certificate of Service (this is the part that gets filed) | Default or Response — where property and debts are not yet divided | — | Download |
| CAO FL 5-1 | Mandatory Child Support Disclosures | Default or Response — with children, where property and debts are not yet divided | — | Download |
| CAO FL 7-1 | Motion and Affidavit for Entry of Default (if the other spouse never responds) | Default or Response | 07/16 | Download |
| CAO FL 7-4 | Default | Default or Response | — | Download |
| CAO D 7-6 | Affidavit in Support of Default Decree (No Children) | Default or Response — no children | — | Download |
| CAO D 7-7 | Affidavit in Support of Default Decree (With Children) | Default or Response — with children | — | Download |
| CAO D 6-8 | Sworn Stipulation for Entry of Divorce Decree (on the Default or Response route, used instead of Default if full agreement is reached) | All | 01/25 | Download |
| CAO D 8-3 | Decree of Divorce (No Children) | All — no children | — | Download |
| CAO D 8-1 | Decree of Divorce (With Children) | All — with children | — | Download |
| HWH-611 | Vital Statistics Certificate of Divorce | All | — | Download |
| CSS 809 | Child Support Order Transmittal Form | All — with children | 11/17 | Download |
| CAO FW 1-9 | Motion and Affidavit for Fee Waiver, if the fees are unaffordable | All | 07/16 | Download |
Every one of these is free. Download fresh each time. The PDF is not fillable — the RTF version at courtselfhelp.idaho.gov/Forms/divorce is the one you can actually type into.
3 · Getting the forms and filling them in
Nobody explains this part, so here it is. Every Idaho Court Assistance Office (CAO) form is free, self-represented filing is completely normal here, and Idaho’s court system is built around it.
You may e-file, but you do not have to Your choice
- Portal
- Odyssey File and Serve (Idaho iCourt eFiling)
- Paper
- Still accepted — you can file over the counter.
- What it costs
- No portal fee published.
- Account
- Only if the self-represented party opts in; a File and Serve account is needed. No registration fee published.
- With a fee waiver
- I.R.E.F.S. 10 provides that 'A filer must pay the fees for filing a document electronically at the time of electronic filing,' and that a filer may 'apply for a waiver of the filing fee by submitting an application for waiver with the document t
- Worth knowing
- Idaho is squarely 'attorneys must, pro se may' — and the rule adds an important trap: once a self-represented party elects to e-file, they must continue e-filing through the conclusion of the case unless the court approves withdrawal. A pro se filer who stays on paper and needs mail service from the court must give a physical address in the certificate of service and pay the clerk's mail-service fees a
Step one — download them free
All Idaho divorce forms live on the Court Assistance Office & Self-Help Center site, organized by whether you have minor children:
courtselfhelp.idaho.gov/Forms/divorce
Unlike some states, Idaho’s CAO forms are plain PDFs with no fillable fields — the site gives you a matching RTF version instead, meant to be opened and typed into in Microsoft Word or LibreOffice, then printed or converted to PDF. Use the RTF version. Trying to type into the PDF version will not work.
Step two — or skip the paperwork with Idaho Guide and File
Idaho’s own guided questionnaire — guideandfile.idaho.gov — will fill out, assemble, and e-file your case for you, step by step. As of this writing it covers Divorce with No Minor Children only (filing, responding, or finalizing). If that’s your path, it’s worth using instead of the RTF forms. It does not yet cover the with-children track, which is what most of this kit is built for.
Step three — signatures: most forms just need “penalty of perjury,” not a notary
This trips people up coming from other states. Your Petition and your Sworn Stipulation are signed under a printed “Certification Under Penalty of Perjury” — you sign, you don’t need a notary. The one document that genuinely requires a notary is the Acknowledgment of Service (CAO FL 2-1) — the form your spouse signs to admit they received the papers and submit to the court’s jurisdiction without being served by the sheriff.
If the only notarized document you need is the Acknowledgment of Service, you don’t have to find a courthouse notary — Idaho recognizes Remote Online Notarization, done over a video call with a commissioned notary, valid ID, and an e-signature.
Step four — file, and understand e-filing is optional
Idaho’s e-filing rules make electronic filing mandatory only for licensed attorneys. As a self-represented party, you can walk paper into your county district court clerk’s office, and that remains completely normal. You’re also free to register for e-filing yourself if you’d rather not drive to the courthouse for every document — just know that once you opt into e-filing, Idaho’s rules expect you to stay on it for the rest of the case rather than switching back to paper mid-stream, and you become responsible for checking the email address you register for service.
If you genuinely can’t locate them, Idaho allows Service by Publication with the court’s permission — a packet of its own (Motion & Affidavit for Service by Publication, Order for Service, Affidavit of Mailing, and a published Summons). It’s slower and adds a newspaper-publication cost, so use it only after real attempts to locate your spouse have failed. Instructions here.
4 · Your deadlines, calculated
Most of Idaho’s clock starts running the day your spouse is actually served — not the day you file. Put in your dates and we’ll turn the rules into actual dates on your calendar, then you can add all of it to Google Calendar, Apple Calendar or Outlook in one click.
5 · The order it actually happens in
6 · The rejection-proofing checklist
This is the part that’s genuinely worth paying for. These are the specific things that stall Idaho filings, force a redo, or turn an otherwise uncontested case into a longer one.
Signing and notarizing
Asking for spousal maintenance later, instead of on the Petition, is harder than checking the box the first time — the Petition has a specific request line for it. And filing under a fault ground (adultery, extreme cruelty, desertion) when irreconcilable differences would do just as well means you’ve taken on something you may have to actually prove, for no benefit in an agreed case.
Forms people forget
Timing
7 · Mandatory disclosure — what Rule 401 requires
Triggered once a response is filed, due within 35 days of that filing — unless the case resolves by Default or Stipulation before then. These documents go to your spouse, not the court file; only the Certificate of Service gets filed.
Rule 401(f): if you and your spouse have already signed a written agreement disposing of all property issues, or there’s no property at issue, you can skip the property-disclosure list and statements entirely. This is one more reason a genuine Stipulation is worth reaching before you get anywhere near this rule.
8 · What this costs
Court fees — set by the state, the same everywhere
Unlike states that let counties set their own filing fees, Idaho’s district court fees come from a single statewide schedule (Idaho Code §31-3201A and the Idaho Supreme Court’s Civil Case Filing Fee Schedule). Ada, Canyon, Kootenai — every county charges the same.
| Item | Cost |
|---|---|
| Petition for Divorce — with or without children | $207 |
| Response to a Divorce (respondent’s first appearance) | $136 |
| Reopening or modifying a divorce decree later | $108 |
| Fee waiver, if granted (Motion & Affidavit for Fee Waiver, CAO FW 1-9) | $0 |
Sheriff service of process — this part does vary by county
If your spouse won’t sign the Acknowledgment of Service, a sheriff or private process server has to physically deliver the papers, and each county sheriff sets its own fee.
| County | Sheriff service fee |
|---|---|
| Ada County (Boise) | $100 per party served |
| Canyon County (Caldwell/Nampa) | $71 per person, per case |
| Kootenai County (Coeur d’Alene) | $105 |
| Any other county | check with your county sheriff |
Attorney costs, if you bring one in — member-reported illustrative, not verified
These figures come from conversations with Cusp members and are meant to give you a rough sense of range, not a quote. Actual fees depend heavily on whether the case is contested, and you should always get a written fee agreement.
| County | Uncontested, attorney-assisted | Contested |
|---|---|---|
| Ada County | $2,500–$6,000 | $8,000+ |
| Canyon County | $2,000–$4,500 | $6,000+ |
| Kootenai County | $2,200–$5,000 | $7,500+ |
File CAO FW 1-9, the Motion and Affidavit for Fee Waiver, along with CAO FW 1-10, the proposed Order. A judge decides based on your actual ability to pay after your own necessary expenses — there’s no fixed income cutoff published statewide, so fill out every section rather than guessing at eligibility. A granted waiver also covers sheriff service costs.
What this is. A guide to Idaho’s own process, built from the Idaho Code (Title 32, chapters 6, 7 and 9, and Title 31, chapter 32), the Idaho Rules of Family Law Procedure (including Rules 204, 401, 1001 and 801), and the official forms and instructions published by the Idaho Court Assistance Office & Self-Help Center at courtselfhelp.idaho.gov. The forms themselves are free and this kit links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Idaho requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney; many offer free consultations, and one hour of advice is cheaper than a case that drags because of an avoidable mistake.
Confirm current numbers with the clerk. Parenting-class programs, sheriff fees outside Ada, Canyon and Kootenai, and fee-waiver eligibility are set locally or case-by-case and change. Where this kit could not verify an exact figure or deadline with confidence, it says so or points you to courtselfhelp.idaho.gov rather than guessing. The attorney-cost table in Section 8 is explicitly illustrative, member-reported data, not a verified survey — get a written quote before you rely on it.
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