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Yes. Legal separation (or separate maintenance) is available to couples in Idaho. The process begins when either spouse files a petition (request) for separation, which provides the court with information like your name, date of your wedding, when you began living apart, and address.

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. For any additional questions, our family law attorneys are here to help.

Service of process by mail shall be made by registered or certified mail, return receipt requested, and shall be complete upon the return of the receipt signed by the defendant to the court. The signature of the defendant on the return receipt shall constitute prima facie proof of service by mail.

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.

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 ?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.