Family Law

Idaho is a “no fault” divorce state, which means that you don’t have to prove that your spouse did anything wrong in order to get a divorce and you do not need your spouse’s consent to file. You just need to prove that there are “irreconcilable differences” between you and your spouse. 

Residency
You must live in Idaho for six full weeks in a row before filing for divorce. 

Community Property & Debt 
In Idaho, a court will assume that both spouses contributed equally to the marriage, even if only one spouse worked. The property earned by either spouse during the marriage is called “community property” and will usually be split 50/50 at divorce. The community’s debts will also be divided equally. However, you can ask for a different arrangement if your unique situation (income, age, illness, etc.) justifies a different division. 

Pro se 
You can file divorce “pro se” (by yourself, without an attorney). All of the forms you will need are available at the Court’s Assistance Office of your local county’s courthouse, and also online at: www.courtselfhelp.idaho.gov. 

To become a child’s guardian, you have to show a judge that you are qualified to be the child’s guardian and that a guardianship is in the best interest of the child. You also have to show the court that the child’s parents have abused, neglected or abandoned the child or cannot provide a stable home environment. If the parent fails to keep a “normal parental relationship” for six months without a good excuse, the court will assume that the parent has abandoned the child. You will have to send notices to the child’s parents that you are petitioning for a guardianship. The court will likely appoint a Guardian ad litem (an attorney) to speak for the child during the process. If you are appointed guardian, you will have to file an Annual Report with the court. 

An attorney is generally needed to successfully pursue a guardianship case. You can find resources for grandparents raising a grandchild at: http://www.211.idaho.gov/kincare/Kincare.html.

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Interactive Forms
Interactive forms are free to low income people in Idaho with certain family law issues. Interactive forms allow a person to input information which automatically enters into the appropriate forms. Interactive forms are available on the Idaho Guide & File website. Click "Start Your Legal Process" to to generate forms you can use to e-file or print to file in person at your local courthouse. 

Fillable PDF Forms 
Fillable PDF forms are also available if you prefer not use to the interactive forms process. You may find fillable PDF forms and instructions here: https://courtselfhelp.idaho.gov/. Please click on the "Forms" tab in the top-right corner and then select the type of issue you are having (such as divorce, custody, or change of custody) and it will bring you to the appropriate forms for that issue. Don't forget to view the instructions for each form before filing out the forms. 

Fee Waiver Forms 
In addition to your family law forms, you may want to consider filing for a fee waiver with the court if you cannot avoid the filing fees for your case. You can find instructions and forms regarding filing a fee waiver at the bottom of this webpage: https://courtselfhelp.idaho.gov/Forms/civil