It is easier to get divorced in Idaho than some other states.The divorce process in Idaho is pretty simple compared to some other states. The waiting period is minimal, the residency requirement is only six weeks, and the court fee of $207 is cheaper than about half the states in the country.
How do I start the divorce process in Idaho?
The process to get divorced in Idaho starts with one party filing a petition for divorce. The person filing the petition for divorce is the petitioner. The other party is the respondent. There is no advantage to being the petitioner or respondent in a divorce proceeding.
The petition should file the petition at the county courthouse. Ask a lawyer if you need help determining which county is appropriate. In addition, a family case law worksheet and a summons needs to be included with every petition for divorce. The clerk will also attach a joint preliminary injunction to each petition. If you have minor children, the court will also include an order to attend a focus on the children class.
What is a joint preliminary injunction in a divorce case?
The court clerk will automatically attach a joint preliminary injunction to every petition for divorce in Idaho. Simply put, this document prohibits parties from getting rid of, or hiding, community property; from harassing or assaulting each other; and from taking any minor children out of the state without written permission. It’s automatic. It doesn’t mean that the other party asked the court to implement it or that the court has reason to suspect you might do any of these things. It also applies equally to both parties.
How much does it cost to get divorced in Idaho?
It cost $207 to file a petition for divorce in Idaho. In addition, the court will order parents of minor children to to attend a Focus on the Children class. The class costs $35. There are some other minor costs as well, such as a credit card fee if you pay with plastic at the courthouse window and a fee to mail each party a copy of the divorce decree.
How long do I have to live in Idaho before I can file for divorce?
The petitioner, the person filing the petition for divorce, must reside in Idaho for at least six weeks before filing a petition for divorce. If the other party, the respondent, does not live in Idaho, you should consult an attorney to determine if Idaho is the best place to file for divorce.
Does Idaho have a waiting period to get divorced?
The waiting period to get divorced in Idaho is 21 days. The 21-day period starts when the respondent is served with the petition for divorce (or accepts service). This includes weekends and holidays. As a result, if the 21st day falls on a weekend or holiday, the next day the court is open will conclude the waiting period.
Do I have to give my spouse a copy of the petition for divorce?
Once the petition is filed, it must be served to the respondent. The respondent, or their attorney, can also choose to accept service. In some cases, service by publication may be necessary. It can be time consuming and expensive if you can’t find your spouse before starting the process.
What happens after my spouse is served?
Your spouse will have a couple of different options. They could agree with the petition and enter into an agreement to dissolve the marriage. They also have the option to file an answer and/or counterclaim. An answer basically says, “This is what I agree and disagree with from your petition.” They can also file a counterclaim. A counterclaim says, “I read what you wanted; this is what I want.” Finally, you can file an answer to the counterclaim telling the court what you agree/disagree with from their counterclaim. Not surprisingly, most people typically agree to the things that they originally asked for in their petition and disagree with everything else.
Next, the parties will have 35 days to send each other some basic discovery information. This includes things such as income, assets, debt, property documents, etc. Furthermore, parties can later ask for additional information.
At any point, the parties can attempt to reach an agreement themselves or through their attorneys, mediation or some other alternative dispute resolution effort. This can go on forever until parties either reach an agreement, run out of money or ask a judge to step in and make decisions for them.
Once the parties reach an agreement, they can enter a stipulation for entry of decree, which tells the court the parties are in agreement and asks the judge to enter that agreement on the record. The decree of divorce includes the terms of those agreements and is the document the judge must sign to grant you a divorce. The decree is the most important document in the entire process. It doesn’t matter what the petition or counterclaim says. It only matters what the decree of divorce says.
What issues are resolved in a divorce?
Issues to resolve in a divorce typically include child custody and child support for parties with minor children; property and debt distribution; and restore the wife to her maiden name if she chooses. However, divorce will resolve all remaining issues between the parties.
Can I change my last name back to my maiden name during a divorce? / Do I have to change my last name?
During a divorce, the wife (or either party who changed their last name) has the option to change her name back to her maiden name during a divorce. To do so, it must be included in the decree of divorce. However, there is no requirement for the wife to change her last name. There are several reasons why someone might not want to change their name. Some people wish to have the same last name as their children. Some people might not want to change their name after several decades. Regardless, it’s pretty much up to the wife what she wants to do and there isn’t a lot that the husband (or other party) can do about if they wish to keep their married name after the divorce.
Disclaimer: This information is provided for general advice only. Do not substitute it for actual legal advice. Legal advice varies according to specific facts and circumstances. Therefore, you should never substitute reading free legal advice in a blog for talking to a licensed attorney about your specific situation.
