Idaho Uncontested Divorces

Uncontested Divorce Attorney In Idaho

An Idaho uncontested divorce (or no contest divorce) allows you and your spouse to control the outcome of your divorce without occurring unnecessary expenses and delays. At Taylor Law & Mediation PLLC, most of the process can be completed online, no matter where you live.

During a no contest divorce in Idaho, one party hires an attorney to draft the required paperwork to get divorced, the parties review and sign the paperwork, and in most cases, can get divorced without having to appear in front of a judge. A lot of people can decide the outcome of their divorce themselves and just need help drafting and filing the required paperwork. This process was designed for them.  

Some states have uncontested divorce by statute. Idaho does not, so it’s essential to understand the process above. An attorney can’t represent more than one party in a lawsuit, but that doesn’t mean that clients can’t waive their right to confidentiality between their attorney and their spouse and work towards the same goal of getting divorced quickly without acquiring additional expenses. 

Uncontested divorces in Idaho can be used to resolve most divorce issues: child custody, child support, property and debt distribution, military retirement plans and accounts, restoring wife to her maiden name, and almost all other disputes. All that is required is the ability to agree with your spouse that you wish to get divorced and that you generally agree what the outcome should look like.

Questions To Answer Regarding a No Contest Divorce

An Idaho uncontested divorce could work for you and your spouse if the answers to the questions below are “Yes”

  • Have you lived in Idaho for more than six weeks?
  • Do you and your spouse agree you want to get divorced?
  • Do you and your spouse generally agree to the terms of your divorce? Or are you willing to agree to agree?
  • Do you have an email address and access to a scanner and printer?
  • Do you wish to get divorced as quickly as possible?
  • Do you wish to get divorced as effectively as possible?
  • Do you wish to get divorced as cost-effective as possible? 

How Much Does a No Contest Divorce Cost?

Here’s the breakdown of the cost for a divorce in Idaho:

Costs and fees:


In Idaho, it cost $207 to file for divorce. This is a court filing fee. There is an additional feel to hire an attorney. At Taylor Law & Mediation PLLC, our rates range from $1,000 to $3,000 for an uncontested divorce based on if you have property, children or other issues that need to be resolved. Every case is different because every family is different, so we try to tailer a rate that matches your specific situation. In addition, we charge a flat fee for our uncontested divorce process so you know up front what our services will cost you.

No Contest Divorce FAQs

How long does it take to get a divorce in Idaho?

In an Idaho uncontested divorce, the parties can control the pace of their own divorce. The fastest a divorce can be granted under Idaho law is three weeks from the date the spouse is served with a copy of the Petition for Divorce. But some couples need additional time to reach an outcome that will work best for them.

It takes at least three weeks to get divorced because of the 21 day waiting period, but it can be as quick as 30 to 60 days. If you and your spouse are on agreement regarding the terms of your divorce it will go that quick, but if you and your spouse do not agree and you have to go to court. It can take eight to twelve months or even longer, depending on where you live in Idaho. If you live in a small county, things seem to go a little bit faster than if you live in a large county like Ada County, just due to the number of people who use the court system in each county.

Do you need a lawyer to get divorced in Idaho?

You don’t need a lawyer to get divorced in Idaho, but it can help the process go smoother, even if you and your spouse are in agreement regarding the divorce. A divorce attorney can help draft the required paperwork and ensure you have a plan that accounts for what to do with your house and other property, as well as any debt and child custody and support issues if you have children. An attorney can help ensure all documents are properly completed and filed with the court and will represent you in any hearings, should there be any.

How long do you have to wait to get divorced in Idaho?

In Idaho, there is a 21-day waiting period to get divorced. This waiting period starts the day after the Respondent, the person who did not file for divorce, receives the petition for divorce. Keep in mind, you must first live in Idaho for six weeks prior to filing for divorce.

Can I change my name back to my maiden name during a divorce in Idaho?

In Idaho, you can change your last name back to your maiden name at the time of your divorce. Sometimes husbands ask if they can force their spouse to change their name back to their maiden name after they are divorced and the answer is no. Sometimes people will want to keep their married name because they’ve had the name for a long time and don’t want to start a new professional identity or they want to keep the same last name as their children.

Do you have to go to court to get divorced in Idaho?

In Idaho, there is no requirement for parties to go to court to get divorced. Our uncontested divorce process makes it so neither party has to go to court or appear in front of a judge to get divorced, but even in contested cases, the majority of the cases get resolved before trial. However, any issues you and your spouse are not able to reach an agreement on will need to be resolved by the judge inside the courtroom.

How long do you have to live in Idaho to get divorced in Idaho?

You have to live in Idaho for six weeks to get divorced. However, if you have children, they will need to have resided in Idaho for six months for the state to have jurisdiction over child custody, so sometimes parents might need to wait to reach this six month mark, even if they’ve been here longer than six weeks. The requirement for residency is living here in Idaho. You’re not required to have a driver’s license or be registered to vote in Idaho to establish residence. You generally just have to live here.

Can you get divorced online in Idaho?

At Taylor Law & Mediation PLLC, our entire process can be done all online. This prevents either person from having to take time off work or having to travel to seek assistance or representation for your divorce.

What Does Divorce Mediation Involve in Idaho?

Mediation involves a neutral third party who facilitates a discussion to help parties reach their own agreement. Mediation is a great process, which is why I include it in the name of my firm. But it’s important to keep in mind that the agreement itself is the final outcome of mediation. Agreement is binding between the two of you, but it doesn’t mean that you are divorced. When I first started my practice, I would help clients reach an agreement, and as they were signing it, one of them would always ask, does this mean that we are divorced? And I would have to say no. And then they would ask, well, how do we get divorced? And I know the answer to this question, but as a mediator, I am unable to provide clients with legal advice. And so I couldn’t answer it. And this made me feel like I was taking their money, but not solving their problem. With our uncontested service, one party hires me as their attorney, and we will work together to reach the agreement. But once we have this agreement, able to draft the required paperwork to get it through court and to get you divorced.

Hopefully this answered your questions about how long does it take to get a divorce, what an uncontested divorce is, and more! Contact our divorce lawyer today if you have more questions.

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