Reviewed August 2026
Uncontested Divorce Checklist in Idaho
An Idaho divorce counts as uncontested when both spouses agree on every issue and file what Idaho calls a divorce by stipulation. Idaho has no separate simplified-divorce law with its own eligibility limits. Agreed cases use the same standard Petition for Divorce forms as any other case. Idaho runs a truly centralized self-help form system. The Idaho Court Assistance Office publishes numbered CAO forms used the same way in all 44 counties, instead of each county keeping its own version. That makes an uncontested Idaho filing more standardized than in many other states.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Idaho law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Idaho paperwork. See how Virdix works for California divorces.
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Divorce by stipulation versus divorce by default
Idaho recognizes two paths to an uncontested result. A divorce by stipulation happens when both spouses agree on every issue and sign a settlement. A divorce by default happens when the respondent does not appear or respond after being served.
Both paths use the same standard forms. There is no separate simplified track with a marriage-length or asset cap. The difference is whether the other spouse actively agrees in writing or simply does not contest the case.
Document checklist
Start with the Petition for Divorce: Form CAO_D_1-5 if there are children, or CAO_D_1-6 if there are none. Add the Family Law Case Information Sheet, CAO_FL_1-1, and the Summons with Orders, CAO_FL_1-3.
A signed settlement agreement backs the stipulation. It covers property, debt, and, if applicable, custody and support. A spouse who cannot afford the filing fee can file the Motion and Affidavit for Fee Waiver, CAO FW 1-9, along with the matching proposed order, CAO FW 1-10.
Grounds
Most uncontested Idaho divorces use the no-fault ground: irreconcilable differences, under Idaho Code section 32-603. Idaho also keeps traditional fault grounds on the books, including adultery, extreme cruelty, and habitual intemperance.
Idaho is one of the few states that pairs community-property division with fault grounds still on the books. Agreed cases almost always use the no-fault ground. It does not require proving anything about why the marriage ended.
Residency, waiting period, and where the case is heard
Only the filing spouse must have lived in Idaho for six full weeks before filing. The other spouse has no separate residency requirement. There is no county-specific residency period beyond that statewide six weeks.
A final decree cannot be entered until at least 21 days after the petition is filed and served. Idaho divorces are heard in the Magistrate's Division of the district court, under the Idaho Rules of Family Law Procedure. Most cases go to a magistrate rather than a general district judge.
Sources: Idaho Code section 32-603, grounds for divorce, Idaho Code section 32-701, residency requirement, Idaho Code section 32-716, 21-day waiting period, Idaho Court Assistance Office, statewide self-help portal, Idaho Court Assistance Office, divorce forms, Idaho Court Assistance Office, divorce instructions
Not independently confirmed
- Whether a hearing or in-person appearance is required to finalize an uncontested divorce by stipulation, as opposed to entry of judgment on the paperwork alone, was not independently confirmed. Confirm with the assigned magistrate court.
- Whether Idaho imposes any mandatory parenting class for divorcing parents with minor children was not confirmed in materials reviewed for this page. Confirm with the Idaho Court Assistance Office or the filing county's magistrate court.
Uncontested Divorce Checklist in Idaho: frequently asked questions
Does Idaho have a simplified divorce procedure?+
No separate statute exists, with its own eligibility caps like a marriage-length limit. Idaho instead handles agreed cases as a divorce by stipulation, using the same standard Petition for Divorce forms as any other case. What makes it simpler in practice is that both spouses sign a settlement agreement up front. That avoids a contested trial.
What is Idaho's residency requirement for divorce?+
Only the filing spouse needs to have lived in Idaho for six full weeks immediately before filing. This is one of the shortest residency periods of any state. The other spouse has no separate residency requirement. There is no additional county-specific residency period beyond the statewide six weeks.
How long does an uncontested Idaho divorce take?+
A final decree cannot be entered until at least 21 days after the petition is filed and served on the other spouse. Idaho's own court assistance materials describe this as 20 or 21 days, depending on how service is counted. A genuinely uncontested case can often finalize close to that floor. Local court scheduling still affects the exact timeline.
What forms do I need for an uncontested Idaho divorce?+
Start with the Petition for Divorce: Form CAO_D_1-5 with children, or CAO_D_1-6 without. Add the Family Law Case Information Sheet, CAO_FL_1-1, and the Summons with Orders, CAO_FL_1-3. These are statewide forms from the Idaho Court Assistance Office. They work the same way in every county, rather than varying by court.
Can I get the Idaho filing fee waived?+
Yes, if you cannot afford it. File the Motion and Affidavit for Fee Waiver, Form CAO FW 1-9, together with the Order Re: Fee Waiver, Form CAO FW 1-10, under Idaho Code section 31-3220. Both forms are published statewide by the Idaho Court Assistance Office. They work the same way in every county.
What court hears divorce cases in Idaho?+
The Magistrate's Division of the district court hears most Idaho divorces, under the Idaho Rules of Family Law Procedure. More complex cases can go to a general district judge. A standard uncontested filing, including one with children, typically goes to a magistrate judge instead.
This page is general information about uncontested divorce checklist in Idaho, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Idaho's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Idaho. Virdix does not prepare or file Idaho divorce paperwork. It is not a substitute for an attorney licensed in Idaho.
More Idaho divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Idaho, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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