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Idaho has both fault-based and no-fault divorces. If both parties agree on terms, they can draw up a separation agreement and submit it to the judge. If not, they'll work with a mediator and, failing that, go to trial where a judge will make decisions about relevant issues.

This must be submitted to the local court clerk's office with the other required case documents, including the parenting plan agreement. The filing fee for an initial custody case is $166. Depending on the county, attending a parenting class may be required after filing the papers.

The ?no-fault" ground for divorce in Idaho is called "irreconcilable difference." You can also divorce if living separately for at least five years. The fault-based grounds for divorce included: Adultery. Extreme cruelty or inflicting serious physical or mental harm on your spouse.

To proceed with a legal separation, you and your spouse must file a petition with the court. You must also serve this petition on your spouse or another adult who lives with your spouse. Once you file the petition, the court will grant you and your spouse a hearing date to appear before a judge.

The 2022 court filing fee is $207 and the waiting period to receive a final divorce decree from an Idaho court is a minimum of 21 days after the filing and service of process.

A spouse can date at any time after a party has filed for divorce, but it is not something that an attorney would advise their client to do. It is always better for your case if neither party dates during while the divorce case progresses.