How to complete an Idaho Summons for divorce

Taylor Law & Mediation
Facebook
Twitter
LinkedIn

We’ll help you understand how to complete an Iadho summons for divorce, one of three documents you’ll need to file your own divorce.

How to complete an Idaho Summons for divorce.

In a previous post, we provided fallible PDF forms for you to file your own divorce with the courts, assuming you and your partner are in agreement and have no minor children between the two of you. We’ve also explained how to complete the first two required documents, the Petition for Divorce and Family Case Law Information Sheet.

You should talk to an attorney for advice prior to completing the document and filing it with the court. We don’t recommend you substitute this post with actual legal advice.

FILLING OUT THE SUMMONS

The Summons itself is pretty easy to complete and should only take a few minutes. The header, known as the caption, is the same as in the Petition. You should complete the name and contact info with your information. It should match what’s on the petition.

Next you will need to put your name in the Petitioner line and your spouse’s name on the Respondent’s.

Leave the case number blank. The clerk will write this in when you file it. There are three blocks to complete. Leave these blank as well for the clerk to complete.

The boxes indicate if an Order to Attend parenting education program or a joint temporary restraining order is attached to the Petition. You should serve these documents with your petition to your spouse if these blocks are checked.

About the Joint Temporary Restraining Order (Children)

The order to attend a parenting class and the joint temporary restraining order (children) will only be included if you and your spouse have minor children. The restraining order prohibits each parent from taking a child out of the state without permission and basically tells the parties they have to get along during the proceedings.

About the Joint Temporary Restraining Order (Property)

The joint temporary restraining order (property) is included in every case, regardless if there are kids or not. This document is automatically attached to the petition. It is not something either party requests. It prohibits parties from getting rid of their property without permission before it can be accounted for and distributed equitably between the parties.

The next part you do need to complete is the address of the court. You can find the address of your court via google.

The court clerk will date and sign the summons when you file it.

FILING YOUR DIVORCE

Once you’ve completed the Petition, Family Law Worksheet and Summons, print three copies of the petition and four of the Summons. You won’t need to make any additional copies of the worksheet. You can then take the entire stack of paperwork to the courthouse to file it at the ciivl window.

The clerk will take all of your documents, and your $207 LINK filing fee, stamp them and file a copy. You’ll get two copies of the petition back. One is for you to keep. One copy is for your spouse. You’ll get the original summons back to, which should be served on your spouse and then returned to the court house. You’ll each get a copy to keep as well.

Have more questions about completing an Idaho summons for divorce or joint temporary restraining orders in Idaho? Contact us!

Taylor Law & Mediation

Attorney Robert J. Taylor is an experienced Idaho divorce attorney with offices in Boise, Coeur d’Alene (SP), Mountain Home, Twin Falls, and Pocatello. His firm provides uncontested divorce services and wills and estate planning to clients who live anywhere in Idaho.

More to Explore

What is divorce mediation in Idaho

Divorce mediation is a voluntary and confidential process in which a trained mediator helps divorcing couples reach mutually acceptable agreements regarding various aspects of their divorce

How much does a divorce lawyer cost in Idaho?

The cost of a divorce lawyer in Idaho can vary widely depending on several factors, including the complexity of your case, the attorney’s experience and reputation, and the location within Idaho where you are seeking legal representation

Leave a Reply

Your email address will not be published. Required fields are marked *