Idaho Uncontested Divorce Petition + Decree Filing Packet

DO NOT FILE THIS PACKET. Idaho's Court Assistance Office publishes
separate current routes for divorce with or without minor children, response,
mandatory disclosures, default, stipulation, and counterclaim finalization.
Use this packet to assemble facts and transfer reviewed information to those
official forms.

IDAHO UNCONTESTED-DIVORCE FORM AND EVIDENCE PREPARATION PACKET

1. Route and Form Control

Do not mix the with-children and no-children forms, a petition route and a
counterclaim route, or a stipulation route and a default route.

2. Parties, Marriage, Residence, and Ground

Six-Full-Week Residence — § 32-701

The statute tests the plaintiff's Idaho residence for six full weeks next
preceding commencement of the action. It does not say “42 days,” test the
respondent, or establish venue by itself.

Irreconcilable Differences — § 32-616

Current § 32-616—not § 32-610—defines irreconcilable differences. Section
32-610 is the separate five-year living-apart ground. Use only the ground and
allegations supported by the current official form and actual facts.

3. Twenty-One-Day Decree Timing — § 32-716

The ordinary rule measures twenty-one days after both commencement of the
action and service of process. It is not accurately described as an absolutely
unwaivable delay: the same section preserves an agreed merits trial and decree
when both parties are present in person or represented by counsel.

Do not turn this timing worksheet into a default deadline or a representation
that the court must sign a decree on a particular date.

4. Property and Debt Disposition — § 32-712

The court assigns community property in proportions it deems just. A
substantially equal division in value considering debts is the ordinary rule
unless compelling reasons support another result.

This packet does not transfer property, release a creditor, divide a retirement
plan, fix tax consequences, or waive undisclosed assets.

5. Maintenance — § 32-705

Do not use a bare “waive / pay” choice. Record the threshold evidence, proposed
amount and duration, tax and property interaction, and requested decree term.

6. Children Branch

Complete this section only when the current with-children route applies.

6.1 Custody and Parenting Plan — § 32-717

6.2 Custody-Jurisdiction Information — § 32-11-209

6.3 Child Support — Rule 120

Use the current official Affidavit Verifying Income and applicable Form 6 or 7
worksheet. Do not use a homemade calculator or copy old form numbers without
checking the current rules and Divorce forms page.

7. Mandatory Disclosure Control — Rule 401

Rule 401 uses a thirty-five-day period after a responsive pleading, subject to
the rule's written-agreement and court-order provisions. The Court Assistance
Office separately states that exchange follows a response unless the case is
resolved by default or stipulation within thirty-five days.

Do not file private disclosures merely because they were exchanged; follow the
current official instructions concerning what is filed and what is served.

8. Stipulation, Default, and Decree Handoff

The current official decree—not this packet—states the court's findings and
orders. Do not invent jurisdiction findings, unconscionability findings,
retained jurisdiction, automatic releases, enforcement rights, or signature
and notarization requirements.

9. Specialist Transfer Checklist

10. Final Review

☐ Current official forms were downloaded on the filing date.

☐ The correct with-children or no-children and petition or counterclaim route
was selected.

☐ Section 32-616—not § 32-610—is used for irreconcilable differences.

☐ The plaintiff's six-full-week residence evidence is complete.

☐ Section 32-716 timing and its express agreed-trial exception are stated
accurately.

☐ Property, debt, maintenance, custody, support, and disclosure terms match the
current evidence and official documents.

☐ No homemade petition, summons, injunction, acknowledgment, property
agreement, default affidavit, or decree from the former packet will be filed.

☐ Each spouse had the opportunity for independent Idaho legal advice.

Sources and References

• Idaho Code § 32-701 — Residence
• Idaho Code § 32-616 — Irreconcilable differences
• Idaho Code § 32-705 — Maintenance
• Idaho Code § 32-712 — Community property disposition
• Idaho Code § 32-716 — Reconciliation proceedings and decree timing
• Idaho Code § 32-717 — Custody and best interests
• Idaho Code § 32-11-209 — Custody-jurisdiction information
• IRFLP Rule 401 — Mandatory disclosure
• IRFLP Rule 120 — Child Support Guidelines
• Idaho Court Assistance Office — Divorce forms