Idaho Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm residency: either party has lived in Idaho for 6+ weeks
• Identify District Court county (where either spouse has lived for 6 weeks)
• Classify all assets: community property (acquired during marriage) vs. separate property (pre-marital, gifts, inheritances)
• If children: identify an approved Focus on Children program in your county

Phase 2 — Financial Inventory

• All real estate: value, mortgage balance, community vs. separate
• Bank and investment accounts: balance, community vs. separate
• Retirement accounts: total balance; marital portion (contributions during marriage)
• Vehicles: values and loans; community vs. separate
• All debts: creditor, balance, whether incurred during marriage
• Business interests (if any)
• Income documentation for both parties

Phase 3 — Draft the Marital Settlement Agreement

• All community real property addressed (who keeps or sale; buyout; refinancing; Quitclaim Deed → Idaho County Recorder)
• All community financial accounts assigned
• Retirement accounts: QDRO for employer plans; IRA transfer language
• Vehicles assigned; Idaho ITD title transfer
• All community debts assigned; indemnification language
• Separate property acknowledged — each spouse's separate property listed; stays with that spouse
• Spousal maintenance: award with terms — or explicit waiver
• If children: legal custody, physical custody, Parenting Plan, child support per Idaho Guidelines
• Both spouses sign and notarize the Marital Settlement Agreement

Phase 4 — Complete Court Forms (isc.idaho.gov/family-law-self-help)

• Complaint for Divorce (Idaho Supreme Court self-help form)
• Summons
• Acceptance of Service (if spouse cooperates — starts 20-day clock immediately)
• Marital Settlement Agreement
• Proposed Judgment of Divorce
• If children: Parenting Plan; Child Support Worksheet per Idaho Guidelines
• If children: Focus on Children certificate (filed after program completion)

Phase 5 — File at District Court

• File Complaint at District Court Clerk
• Pay $207 filing fee
• Receive case number
• Serve Respondent (or obtain Acceptance of Service)
• File Proof of Service / Acceptance of Service
• Note the service date — 20-day waiting period starts from service date

Phase 6 — Focus on Children (If Children)

• Both parents enroll in Focus on Children (or court-approved alternative)
• Both parents complete the program
• Both parents file Certificates of Completion with the District Court
• Divorce cannot be finalized until both certificates are filed

Phase 7 — 20-Day Waiting Period

• No final hearing until 20 days after service date
• Use time to finalize MSA details and schedule the final hearing

Phase 8 — Final Hearing

• Schedule hearing with District Court (after 20 days from service)
• Appear; judge reviews MSA and Parenting Plan
• Judge enters Judgment of Divorce
• Obtain certified copies

Phase 9 — Post-Divorce Steps

• Real estate deed: Quitclaim Deed → Idaho County Recorder (where property is located)
• QDRO for employer retirement plans
• Vehicle titles: Idaho ITD
• Name restoration: Idaho DMV → Social Security → accounts
• Beneficiary designations: life insurance, retirement, payable-on-death

Last reviewed: March 2026 | 6-week residency | Community property 50/50 | 20-day wait FROM SERVICE DATE | Focus on Children required with children | $207 fee | Idaho County Recorder for deed recording | isc.idaho.gov/family-law-self-help

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.