How long does a divorce take in Idaho?
Divorce happens. According to data from the Idaho Department of Health and Welfare, there were nearly 6,500 divorces in the state in 2022 alone. The duration of the divorce process can vary dramatically from couple to couple. It can take anywhere between a few months and several years. In this article, our Boise family lawyer explains how long a typical divorce takes in Idaho.
Starting Point: Idaho Has a Mandatory Waiting Period for Divorce
Can you walk into a courtroom today and get a divorce? No. Or at least it will not be official at the same time. Idaho law requires a minimum waiting period before a divorce can be finalized. However, it is not an especially lengthy waiting period: There is a 20-day waiting period after the divorce petition is served on the other spouse. The rule is meant to give couples time to consider reconciliation before moving forward. Still, in practice, this means the absolute fastest divorce in Idaho cannot be completed in less than three weeks.
Caveat: More divorces in Idaho take significantly longer than three weeks to be finalized.
Uncontested Divorces Can Move Relatively Quickly
Although you have probably heard horror stories about divorce cases that have dragged on seemingly forever, that is absolutely not how it works for every couple. Quite the contrary, an uncontested divorce can be finalized rather quickly (in as little as 20 days). If both spouses agree on all issues (property division, child custody, support, debt allocation, etc), the process is considered “uncontested.” These divorces can often be completed within a few months. The court will still review the agreements to make sure they are fair and comply with Idaho law, but because there are no disputes, the case moves through the system much faster.
Contested Divorces Take Much Longer
When spouses cannot agree, the divorce is considered “contested.” These cases involve more filings, hearings, negotiations, and sometimes even a trial. Issues such as child custody or the division of significant assets can take many months (or even years) to resolve. A contested divorce may also require mediation or settlement conferences before trial. The timeline is heavily influenced by the complexity of the case. Some contested divorces will actually settle before trial. They will become uncontested divorces and may be resolved in less than a year. A divorce that requires a full trial will take more than a year in Idaho. A contested divorce with a trial and with appeals could easily take several years to be fully resolved.
Contact Our Boise, ID Divorce Attorney Today
At Johnson May, our Boise family lawyer has extensive experience handling divorce cases. Have questions about your rights and your options? We can help. Please do not hesitate to call us now or contact us online for a fully confidential consultation. It is our mission to help you find the best solution to your divorce case. With offices in Boise and Twin Falls, we provide family and divorce representation throughout the region in Idaho.
