Idaho Uncontested vs Contested Divorce

Idaho offers one of the shortest residency requirements in the nation for divorce—just six weeks—making it accessible for those ready to move forward. Whether you pursue an uncontested or contested divorce significantly impacts your timeline, costs, and stress level. Understanding these two paths helps you choose the approach that best fits your circumstances. Learning about how to save money on divorce begins with understanding which path aligns with your situation.

Idaho Residency and Filing Requirements

To file for divorce in Idaho, the petitioner must have been a resident for at least six full weeks (42 days) immediately before filing. This is one of the shortest residency requirements in the United States, making Idaho accessible even for relatively recent residents.

You must file in the county where your spouse resides. If your spouse lives outside Idaho or their county is unknown, you can file in any Idaho county. The filing fee is $207 for divorce cases with or without children. Fee waivers are available for those who qualify financially.

What Is an Uncontested Divorce in Idaho?

An uncontested divorce means both spouses agree on all issues: property division, debt allocation, spousal maintenance, and—if applicable—child custody, parenting time, and child support. You and your spouse sign a sworn stipulation and proposed decree, which the court reviews and signs without a trial.

Idaho has no mandatory waiting period. The timeline depends primarily on the 21-day answer window after service and court scheduling. Many uncontested divorces finalize within 30-60 days total.

A helpful option: if your spouse agrees to the divorce, they can sign an Acknowledgment of Service, eliminating the need for formal service by a sheriff or process server and speeding up the process.

What Is a Contested Divorce in Idaho?

A contested divorce occurs when you and your spouse cannot agree on one or more significant issues. These disputes require court intervention through motions, mandatory disclosures, discovery, mediation, and potentially a full trial. Common contested issues include:

• Division of community property and debts
• Spousal maintenance (alimony) amount and duration
• Child custody and legal decision-making
• Parenting time schedules
• Child support calculations

Contested divorces in Idaho typically take 9-15 months to resolve, though complex cases involving business valuations, expert witnesses, or custody evaluations may take longer. For more details on typical timeframes, see our Idaho divorce timeline guide.

Idaho's Grounds for Divorce

Idaho offers both no-fault and fault grounds for divorce. Most people file no-fault based on "irreconcilable differences"—you don't need to prove spousal wrongdoing. Alternative grounds include:

• Five years of living separately without cohabitation (no-fault)
• Adultery, extreme cruelty, willful desertion (fault)
• Willful neglect, habitual intemperance, felony conviction (fault)

Filing fault-based grounds adds complexity and typically only makes sense when fault might affect property division or maintenance awards.

Requirements When Children Are Involved

If you have minor children, Idaho imposes additional requirements regardless of whether your divorce is contested or uncontested. Both parents must complete a court-approved parent education course ("Focus on Children"). Course fees vary by district—approximately $20-$35—and many can be completed online.

Custody and visitation disputes are subject to mediation under Idaho's family law rules. Courts order mediation when it's in the child's best interests, though exceptions exist for domestic violence situations. The Idaho Court Assistance Office provides forms and resources for parents navigating these requirements. Reviewing divorce battle versus mediation cost comparisons can help you understand the value of cooperative resolution.

Cost Comparison: Uncontested vs. Contested

The financial difference between these paths is substantial:

• Uncontested divorce: $500-$2,500 total (including filing fees, document preparation, and minimal attorney review if desired)
• Contested divorce: $10,000-$30,000+ depending on complexity, discovery needs, and whether the case goes to trial

Attorney fees in Idaho typically range from $200-$350 per hour for family law matters. A contested case requiring depositions, expert witnesses, and trial preparation can quickly exceed 50+ billable hours per party.

Estimate Your Idaho Divorce Costs

Use our calculator below to get a personalized estimate based on your specific situation. Input your circumstances to see potential costs for both uncontested and contested scenarios.

Property Division in Idaho

Idaho is a community property state, meaning courts start from a presumption of substantially equal (50/50) division of marital assets and debts. Factors that may justify unequal division include:

• Length of the marriage
• Each spouse's age, health, and earning capacity
• Prenuptial or postnuptial agreements
• Contributions to marital property

Separate property—assets owned before marriage or received as gifts or inheritance during marriage—generally remains with the original owner and is not subject to division.

Steps to File for Divorce in Idaho

Whether pursuing an uncontested or contested divorce, the initial steps are similar. Our Idaho divorce filing checklist provides detailed guidance, but here's an overview:

1. Confirm you meet Idaho's 6-week residency requirement
2. Prepare and file your Petition for Divorce with the Family Law Case Information Sheet
3. Pay the $207 filing fee
4. Serve your spouse or obtain their Acknowledgment of Service
5. Wait 21 days for your spouse to respond (or seek default if no response)
6. Complete parent education and mediation requirements (if children involved)
7. Submit your stipulation/proposed decree or proceed to contested hearings
8. Receive your final Decree of Divorce

Choosing the Right Path for Your Situation

While an uncontested divorce is clearly faster and less expensive, it requires both spouses to negotiate in good faith and reach complete agreement. If your spouse refuses to participate reasonably, hides assets, or makes unrealistic demands, a contested process may be necessary to protect your interests.

Many divorces start contested but settle before trial once both parties understand the costs involved. Idaho's Informal Trial option—where the judge questions parties directly with relaxed evidence rules—provides a pro-se-friendly alternative for custody and support disputes that both parties consent to.