Idaho Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file a Complaint for Divorce alleging irreconcilable differences. Serve the Respondent. If they don't respond, proceed to default.

Individual Petition — Overview

1. File Complaint for Divorce at District Court
2. Serve the Respondent — 20-day waiting period begins on service date
3. Respondent has 20 days to file a Response
4. If no Response: proceed to default
5. If Response filed: contested case — discovery, mediation, or trial

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Starts the 20-day period immediately. Worth trying even in uncooperative situations.

Option 2 — Sheriff's Service

Sheriff of the county where the Respondent lives serves the Complaint and Summons.

• Cost: ~$30–$60
• 20-day waiting period begins on the service date on the Return of Service

Option 3 — Process Server

Private process servers available in Idaho. Often faster.

Option 4 — Publication

If you cannot locate your spouse after a diligent search:

1. File Affidavit of Diligent Search
2. Court authorizes publication
3. Publish in a qualified newspaper for 4 consecutive weeks
4. File Affidavit of Publication
5. Cost: ~$100–$250

Publication divorces may not provide jurisdiction for community property division — consult an attorney.

After Service — Response Deadline

The Respondent has 20 days after personal service to file a Response. File a Motion for Default if no Response is received.

Default Process

1. File Motion for Default
2. Default entered
3. 20-day waiting period still applies (from original service date)
4. Schedule default final hearing
5. Present brief testimony establishing irreconcilable differences and community property inventory
6. Judge enters Judgment of Divorce by default
7. Judge divides community property 50/50 based on your evidence (absent MSA)

Temporary Orders

During the case, file a Motion for Temporary Orders for:

• Temporary spousal maintenance
• Exclusive use of the community home
• Temporary custody and child support (if children)
• Restraining order against dissipation of community assets

Last reviewed: March 2026 | Individual Complaint + service | 20-day wait from SERVICE DATE | 20-day response deadline | Default after no response | Community property 50/50 | Temporary orders available | District Court | isc.idaho.gov/family-law-self-help

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