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The basics
Common questions
An uncontested divorce in Idaho can be finalized in as little as 21 days after the divorce petition is served, but typically takes 30-90 days. Contested divorces, involving disputes over issues like property or child custody, can take several months to years to resolve.
While it is not legally required to have a lawyer for a divorce in Idaho, it is highly recommended. A lawyer can help protect your best interests, especially in contested cases, situations involving domestic abuse, child abuse, or significant power imbalances.
Yes, Idaho is both a no-fault and fault-based divorce state. A no-fault divorce can be granted based on 'irreconcilable differences,' meaning there are substantial reasons for not continuing the marriage. Fault-based grounds such as adultery or extreme cruelty are also available but less commonly used.
Idaho follows community property laws (Idaho Code § 32-906), meaning that most assets and debts acquired during the marriage are presumed to be owned equally by both spouses and are generally split 50/50. However, courts have discretion to make an 'equitable' division based on specific circumstances (Idaho Code § 32-712).
Yes, during a divorce in Idaho, you have the option to change your last name back to your maiden name. This must be included in the decree of divorce. There is no requirement to change your name, and you can choose to keep your married name if you wish.
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All 44 counties
Each county has its own Clerk of Courts where you file divorce paperwork. Find your county's e-filing portal and case search below.
Official sources