Uncontested vs. Contested Divorce in Idaho: Simplified Procedures and Mandatory Steps

By the FigureMyTax Editorial Team · How we calculate

In Idaho an uncontested and a contested divorce share the six-full-weeks residence rule and the grounds. The court can order temporary maintenance and support, and must investigate abuse allegations before a final custody award.

What is the same in an uncontested and a contested Idaho divorce?

The six-full-weeks residence rule and the grounds (Idaho Code 32-701). The Idaho divorce timeline calculator gives the same earliest filing date for both.

What can the court order while the case is pending in Idaho?

While an action for divorce is pending, the court may, in its discretion on either party’s motion, order temporary maintenance of either spouse and temporary support of a child, in amounts and on terms just and proper; it may also order a party to pay a reasonable amount toward the other’s costs and attorney fees, considering both parties’ resources (32-704(1), (3)).

Can the spouses choose legal separation instead in Idaho?

Yes. The court may, in its discretion on motion, enter a decree of legal separation providing for custody of children, division of property, payment of debts, child support and spousal support (32-704(2)).

Are there special steps for abuse allegations in Idaho?

Yes. In any divorce proceeding, or on a request to modify a decree, if an allegation of child abuse or child sexual abuse is made against either party, the court shall order an investigation by the department of health and welfare, and a final award of custody or visitation may not be rendered until its report is received; the department has 30 days from the court’s notice (32-717C).

Is a lawyer or guardian ad litem appointed for the child in Idaho?

The court may appoint an attorney or guardian ad litem to represent a minor or dependent child on support, custody and visitation, but only when it deems it necessary beyond the court services already authorized; the order for costs falls on either or both parents (32-704(4)).

Who pays the costs of the divorce in Idaho?

The court may order a party to pay a reasonable amount toward the other party’s cost of maintaining or defending the proceeding and attorney fees, including sums for services before the proceeding began, after considering both parties’ financial resources and the maintenance factors in 32-705; the order can be paid directly to the attorney (32-704(3)).

Can support orders change after the decree in Idaho?

The provisions of a decree on maintenance or support can be modified only as to installments accruing after the motion and only on a substantial and material change of circumstances; the court may allow a credit against child support arrearages for periods over 120 days when the children lived primarily with the obligated parent with the custodial parent’s knowledge and consent (32-709).

What changes in a contested Idaho divorce?

The court decides what the spouses cannot settle: property under 32-712, maintenance under 32-705 and custody on the child’s best interest under 32-717. See the Idaho property division calculator, the Idaho alimony calculator and the Idaho parenting time calculator.

Frequently asked questions

Official sources

• Idaho Code 32-701: residence required by plaintiff
• Idaho Code 32-603: causes for divorce
• Idaho Code 32-610: separation without cohabitation
• Idaho Code 32-704: support money, court costs and attorney fees
• Idaho Code 32-717: custody of children; best interest
• Idaho Code 32-712: community property and homestead; disposition
• Idaho Code 32-717C: allegations of abuse; investigation

This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.