Divorce

While divorce laws vary by state, here are the basic steps:

1. Meet the residency requirements of the state where you wish to file. To see Idaho’s residency requirements, go to What are the residency requirements to file for divorce in Idaho?
2. Have a legally acceptable reason (“grounds”) to end your marriage. To see what the legally acceptable reasons to get divorced in Idaho are, go to What are the grounds for divorce in Idaho?
3. File divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and serving your spouse with notice of the case, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
4. If your spouse disagrees with anything in your divorce papers, s/he can file papers telling his/her side. This is called “contesting the divorce.” If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort out the issues. On the other hand, if your spouse agrees with everything, this is called an “uncontested divorce.” Your spouse should then sign the papers and send them back to you or the court. However, if your spouse fails to sign the papers or file an answer or other response within the time the law requires, you may still be able to proceed with an uncontested divorce. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.

In a divorce case, you can also address the following issues, if they are relevant to your situation:

• child custody and co-parenting;
• dividing up property, money, and debts; and
• spousal and child support.

You and your spouse may resolve these issues in an out-of-court settlement or through court hearings.