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Guide to Uncontested Divorce in Idaho

December 23, 2025

Uncontested / Simple Divorce in Idaho: A Plain-English Guide

If you and your spouse agree the marriage is over, you probably don’t want a long fight in court or a giant bill from lawyers. In Idaho, a true uncontested divorce is mostly about using the right Idaho Court Assistance Office (CAO) paperwork, meeting deadlines, and giving the Idaho District Court (Magistrate Division) what it needs to sign your Decree of Divorce.

This guide walks you through the basics of uncontested divorce in Idaho: who qualifies, how the process works, the key “DIY Idaho” terms people actually search for (like Sworn Stipulation for Entry of Divorce Decree and Acknowledgment of Service), typical timelines, typical costs, and how a do-it-yourself approach fits into the process.

Important: PlainDivorce.com is not a law firm. This guide is legal information only, not legal advice. Court rules, CAO forms, and fees can change, and every family situation is different. If you’re unsure about your rights or what is fair in your case, talk to an Idaho family law attorney or legal clinic.

Table of Contents

uncontested divorce in Idaho

1. What Is an Uncontested or Simple Divorce in Idaho?

Idaho law doesn’t use a special statutory label like “simple divorce.” What matters is whether your case is contested or uncontested, meaning whether the judge has to resolve a dispute.

An uncontested divorce in Idaho is usually a case where:

  • One spouse files a Petition for Divorce, and
  • The other spouse cooperates and does not fight the requested terms, and
  • You’ve worked out arrangements for children (if any), support, and property so the court does not need a trial.

In many cooperative Idaho cases, the goal is to give the court a complete packet, especially the Sworn Stipulation for Entry of Divorce Decree, so the judge can sign the Decree of Divorce without a contested hearing.

Idaho family law filings are handled in the Idaho District Court (often the Magistrate Division for divorce). Many self-represented people use the CAO forms to prepare documents in the format the court expects.

2. Who Qualifies for an Uncontested Divorce in Idaho?

Residency requirements

To file for divorce in Idaho, either you or your spouse must generally have been an Idaho resident for at least six (6) full weeks immediately before filing. If you don’t meet this requirement, the court may not have jurisdiction to grant your divorce.

Where you file typically depends on where everyone lives:

  • If your spouse lives in Idaho, you generally file in the Idaho District Court for the county where your spouse lives.
  • If your spouse lives outside Idaho, you usually file in the Idaho District Court for the county where you live.

Grounds for divorce

Idaho allows both fault and no-fault divorces. In most uncontested cases, people use irreconcilable differences (no-fault), meaning the marriage has broken down and there is no reasonable chance of reconciliation.

Agreement on the big issues

Your case is more likely to work as an Idaho uncontested divorce if you both agree on:

  • Property and debts
  • Spousal support (if any)
  • If you have children: a parenting plan and child support

If there’s domestic violence, intimidation, hidden assets, or major disputes about children or money, it’s safer to get legal advice before relying on a DIY uncontested approach.

3. Step-by-Step Overview of the Idaho Uncontested Divorce Process (CAO Forms)

Every case is unique, but many Idaho uncontested divorces follow a predictable pattern. Always verify the latest CAO packet instructions and any local county requirements before filing.

Step 1 – Confirm you qualify and choose the right CAO packet

  • Do you meet the six-week Idaho residency rule?
  • Are you using irreconcilable differences in a cooperative case?
  • Are you using the correct CAO packet (with children vs. without children)?

Step 2 – Make your agreement clear (children, support, property, debts)

Uncontested cases move faster when your agreement is clear and consistent. Write down who keeps what, who pays which debts, and (if children are involved) the parenting schedule and child support approach.

Step 3 – Prepare the “core Idaho” forms (use the exact titles)

Exact form sets vary by case type, but Idaho self-represented filers commonly see these CAO terms and documents:

  • Petition for Divorce (starts the case)
  • Family Law Case Information Sheet (required cover sheet for family law filings)
  • Summons (the document that tells the Respondent how long they have to respond)
  • Acknowledgment of Service by Defendant (a cooperative service option that can reduce service costs)
  • Sworn Stipulation for Entry of Divorce Decree (the key “we agree” document that helps cooperative couples avoid a contested process)
  • Decree of Divorce (the final order the judge signs)
  • Vital Statistics Certificate of Divorce or Annulment (HWH-611) (required to record the divorce with vital records)

The vital stats hard stop: Idaho uses a specific Vital Statistics form called HWH-611. The form itself explains that it must be obtained from the CAO or the clerk and is required to finalize. Many DIY filers miss this because it is not just “another decree page.” It is a separate reporting requirement.

Step 4 – File with the Idaho District Court (Magistrate Division)

Once your forms are complete, file them with the Idaho District Court clerk in the correct county (often handled in the Magistrate Division for divorce). Keep file-stamped copies for your records.

Step 5 – Service (or the Acknowledgment of Service shortcut)

If your spouse is cooperative, the Acknowledgment of Service by Defendant can be a major time and cost saver. If not, you may need formal service through the sheriff or a process server. Correct service matters because it controls the timeline for default.

Step 6 – Two timelines: the cooperative “stipulation fast track” vs. the default track

This is the timeline fork that matters most in Idaho:

  • Fast track (Sworn Stipulation): If the Respondent signs the Sworn Stipulation for Entry of Divorce Decree, the CAO instructions explain the Respondent generally does not need to file a Response. This is why many cooperative couples use the stipulation approach.
  • Default track (no response): If you serve your spouse and they do nothing, the Idaho Summons states the Respondent must file a written response within 21 days from service. After that response period passes, you may be able to request default and submit your final paperwork for the judge’s review (local steps vary).

Local practice note: Idaho packets also reference timelines for exchanging required disclosures in many cases (often described as 35 days unless the case resolves sooner by default or stipulation). If your court requires disclosures in your case type, missing them can slow finalization.

Step 7 – Judge signs the Decree of Divorce (and the clerk closes the file)

When the judge approves your paperwork, the court signs and enters the Decree of Divorce. That decree is your proof the marriage is legally ended. Ask the clerk how to get certified copies if you need them for name changes, benefits, retirement plans, or future remarriage.

4. Special Issues When You Have Children (Parent Education + Parenting Plan Basics)

When minor children are involved, Idaho courts look closely at whether your plan serves the best interests of the child. Even in an uncontested divorce, the court can require specific child-related forms and parent education.

  • Parenting plan: a clear weekly schedule, holiday plan, and decision-making structure.
  • Child support: typically based on guideline calculations and both parents’ financial information (your court packet may include worksheets such as the Standard Custody Child Support Worksheet).
  • Parent education: some Idaho cases include an order to attend a parent education program. Requirements and program names vary by county and case type, so confirm your local court’s current rules.

5. How Long Does an Uncontested Divorce Take in Idaho? (Fast Track vs. Default Timeline)

There is no single statewide timeline because local court workload varies. But most Idaho uncontested cases fall into one of two patterns:

  • Fast track (Sworn Stipulation): You file the case, the Respondent signs the stipulation, and you submit a complete final packet (including the proposed Decree of Divorce and the required Vital Statistics Certificate of Divorce or Annulment (HWH-611)). Many cooperative cases move as quickly as the judge’s review calendar allows.
  • Default track (no response): After service, the Summons states the Respondent has 21 days to file a written response. If they do not respond, you may be able to request default and then submit your final paperwork for review. This track is usually slower than a clean stipulation case.

A well-prepared uncontested case may finish in roughly 30–90 days from filing in many counties, but delays are common if service is incorrect, forms are incomplete, required disclosures are missed, or child-related requirements are not completed on time.

6. What Does an Uncontested Divorce Cost in Idaho?

The two fees Idaho DIY filers care about most are the filing fee to start the case and the fee to file a Response.

  • Petitioner filing fee: generally $207.
  • Respondent response fee: generally $136 if the Respondent files a Response.

The “stipulation” savings tip: In many cooperative uncontested cases, couples use the Sworn Stipulation for Entry of Divorce Decree. CAO instructions explain that when finalizing by sworn stipulation, the Respondent generally does not need to file a Response, which is why many couples avoid paying the response filing fee.

Other common costs can include service fees (if the Respondent will not sign an Acknowledgment of Service), notary fees, parenting class fees (if required), and certified copy fees. Fees can change, and some counties may add small local charges, so always confirm current amounts with your clerk before filing.

7. When a DIY Divorce Might Not Be Right for You

A DIY uncontested divorce may not be appropriate if there is domestic violence, coercion, hidden assets, complex finances (businesses, multiple properties), major disputes about children, or serious immigration, tax, or bankruptcy issues. In those situations, it’s safer to get legal advice before signing or filing anything.

8. Where a Self-Help Divorce Kit Fits Into the Process

Idaho’s official CAO forms are free, but the process can still feel confusing, especially around service, the 21-day response timeline, and the paperwork details that clerks require to accept and close a case (like the Family Law Case Information Sheet and the Vital Statistics Certificate of Divorce or Annulment (HWH-611)). A self-help kit can help you stay organized with checklists, filing order, and a step-by-step roadmap.

Download Our Idaho Uncontested Divorce Self-Help Kit

PlainDivorce is not a law firm and does not provide legal advice. Our tools are meant for cooperative uncontested cases where you can safely do your own paperwork.

9. Final Thoughts and Next Steps

If you’re aiming for a simple uncontested divorce in Idaho, the smoothest path is usually: (1) confirm residency, (2) get full agreement, (3) use the CAO terms and forms the court expects, especially the Petition for Divorce, Family Law Case Information Sheet, and Acknowledgment of Service (if possible), (4) use the Sworn Stipulation for Entry of Divorce Decree when both spouses are cooperative, and (5) do not forget the Vital Statistics Certificate of Divorce or Annulment (HWH-611), which is required to finalize.

And remember: this guide is legal information, not legal advice. If anything about your case feels unsafe, financially unclear, or high-stakes for your children, talk to an Idaho family law attorney before you file.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.