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Idaho is a fault and no-fault state. It is not necessary to show that either one of the parties was at fault. One statutory basis for a divorce in Idaho is that there is no reasonable likelihood that the marriage can be preserved and, therefore, the marriage is irretrievably broken.

The divorce process in Idaho is pretty simple compared to some other states. The Idaho divorce waiting period is minimal, the residency requirement is only six weeks, and the court fee of $207 is cheaper than about half the states in the country.

A $166 filing fee will be due at the time of filing. If you are unable to afford the filing fee, you can request an exemption by filing a Motion and Affidavit for Fee Waiver (FW 1-9) along with an Order Re: Fee Waiver (FW 1-10).

You are at least 18 years old. The name change is not to avoid creditors or outstanding debts. You, or if you are requesting a name change for a minor, they, do not need to register as a convicted sexual offender under Chapter 83, title 18, Idaho Code, or under the conditions of similar laws in another state.

No, it does not matter who files for divorce first in Idaho. The court will consider all of the relevant factors in deciding on the divorce, including the reasons for the divorce, the wishes of the parties, and the best interests of any children.

In Idaho, marital property division follows the community property law. The spouses have equal rights over any debts and assets they acquired during their marriage. The law refers to these assets and debts as community property.