Idaho divorce forms for those wishing to get divorced from their spouse who do not have any children and agree to the terms of their divorce.
Most attorneys don’t recommend filing and completing your divorce by yourself, but sometimes it might be your only option. It’s also possible that you and your spouse have no community property or debt to distribute and don’t have any children, so it might seem like a good alternative to hiring an attorney to assist you with the divorce process. Even then, it’s still a good idea to hire an attorney to assist you with navigating the process. Most divorce attorneys have done hundreds of divorces and are much more likely to get everything filed correctly with the court the first time so you and your spouse can move on as quickly as possible.
However, if you still wish to file you own divorce paperwork, the state of Idaho has done a good job at making all of the required forms available to assist you with doing so. Idaho has actually done a good job of providing a large number of forms available to the public. You find almost anything you need here.
For divorce, you can find all the forms you need here. Those forms are PDF or RTF, which allow you to print them off and fill them in with ink or fill out using Word. The forms below are the same forms from the website but are in a fillable PDF format. These forms assume you and your spouse have are in agreement to divorce and have also agreed on all the terms of the divorce. The forms also assume no children were born during your marriage or that you and your spouse do not otherwise have any children in common.
Idaho divorce forms: Getting started
To get the divorce process started, you’ll need the following three documents:
The respondent, your spouse, will need to sign an acknowledgment of service or you will need to complete an affidavit of service. If you were using your own forms, you could include the acceptance of service in the stipulation described below, but then you wouldn’t be able to use the fallible forms provided.
To finalize your divorce, you’ll need to complete a
stipulation for entry of divorce, the decree of divorce and file a vital
statistics certificate of divorce. The judge will sign the decree of divorce,
which will grant your divorce. The stipulation tells the court that you and
your spouse have reached an agreement and that you both agree the court should
accept that agreement. The decree for divorce contains the terms of your
agreement.
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.
