Idaho is one of 5 states with relatively easy divorce procedures, alongside New Hampshire, Wyoming, Alaska, and South Dakota. It has one of the shortest residency requirements and waiting periods in the USA.
Although the marriage dissolution procedure in Idaho is quite similar to those in other states, it has its unique peculiarities. We’ve prepared basic information that can help spouses who agreed to take such a serious step in their lives to understand the main process and the options they have, including those offered by the World Wide Web.
Grounds for Divorce in Idaho
To file for divorce, spouses need to specify the reason. All 50 states, including Idaho, provide a no-fault option. It means neither spouse is blamed for the marriage breakup. However, the spouses need to convince the judge that their problems cannot be fixed.
A couple can also file for a no-fault divorce if the spouses prove that they lived separately for at least five years.
If one of the spouse’s misconduct ruined the marriage and the other spouse wants it to be considered by the court, the divorce process becomes fault-based. In this case, the filing spouse needs to choose one of the reasons recognized by the Idaho state, which are:
- adultery;
- extreme cruelty;
- willful desertion;
- willful neglect;
- habitual drunkenness for more than one year;
- felony conviction;
- permanent insanity.
Usually, fault-based divorce takes longer because the petitioner needs to collect and provide evidence of the spouse’s misconduct. Moreover, such a proceeding is often contested, which leads to a higher cost of divorce.
Contested and Uncontested Divorce
Almost every marital breakup raises a whole range of issues that need to be resolved: child custody and visitation schedules, spousal support (alimony), assets and property division, etc. Depending on whether the spouses can or can’t agree on all possible issues, the dissolution of marriage can be divided into contested and uncontested.
A contested type is when spouses have disputes on one, several, or all aspects of divorce. Such proceedings require court and legal intervention. The contested process lasts longer and is more expensive because it requires more legal paperwork and hiring a lawyer. Additionally, court fees оcan be higher than for uncontested cases.
If neither side wants to dispute the grounds, and the parties reach an agreement on all issues, especially regarding children and finances, they can file for an uncontested divorce. It’s a relatively fast and affordable way to end the marriage since all matters can be discussed without an attorney. Additionally, it’s a chance for couples to avoid lengthy court battles and maintain normal human relations.
Getting a Divorce: How to Do It in Idaho
Regardless of the divorce type, the spouses’ first step is to meet Idaho residency requirements. The law requires either party to reside in the state for six weeks before filing for divorce. Once this requirement is met, spouses can go to the next steps.
1. Prepare Divorce Papers
In Idaho, there are three main ways to prepare forms: hire a lawyer, do it yourself by filling out the documents without an attorney’s help, or use an internet divorce paperwork preparation platform https://idahoonlinedivorce.com/.
Whichever method the spouses choose, they still need to prepare a specific document package. The list of required forms may differ from county to county, but there is a minimum basic one.
If the spouses do not have common children, they need to prepare:
- Petition for Divorce – to specify the grounds and the purpose spouses are pursuing, e.g., granting a divorce;
- Family Law Case Information Sheet – to identify both spouses and the case details;
- Summons with Orders – to inform the respondent that a petition is filed and instruct on their rights;
- Affidavit of Service with Orders – to certify that the respondent is served with the divorce petition.
Additionally, the filing spouse also needs to get a Vital Statistics Form from the court office or local court clerk.
Spouses with children must fill out a Petition for Divorce with Children and provide all the documents mentioned above, plus:
- Affidavit Verifying Income – to show sources and amounts of income, including wages, business income, social security, unemployment benefits, etc.;
- Shared, Split or Mixed Custody Worksheet – to present the calculations of the child support;
- Parenting Plan – to specify the child custody conditions and visitation plan.
The filing spouse needs to prepare at least three copies of the document package: one for personal records, one for the court, and one to serve the respondent.
2. Apply for Divorce
Once documents are ready, they need to be filed with the court. If both spouses live in Idaho, the filing spouse must file documents with the District Court in the county where the respondent resides. If the respondent does not live in Idaho, then the petitioner files with the District Court in the county of their residence.
The papers should be submitted to the Court Clerk, who assigns a case number after the petitioner pays court fees.
In Idaho, it does not legally matter who files a petition first. The fact that one of the spouses applied first should not affect the final verdict in the case.
3. Pay Filing Fees
The filing fee may vary from county to county. Usually, it’s $154 for divorce without minor children and $207 if spouses have them. Those petitioners in a difficult financial situation can file a request to waive court fees, but they must prove their inability to pay. The filing spouse needs to submit the Affidavit Verifying Income in the case of divorce with children.
4. Serve Documents
According to Idaho law, the filing spouse must provide copies of the documents to the other party. It can be done by a court courier, county sheriff, or a third party over 18 years old. Once the papers are delivered and signed by the other spouse, the filing one will receive written confirmation.
The documents indicate a waiting period of 21 days from the service date to send the respondent’s written response to the court. If the spouses agree and the respondent accepts the divorce terms, there is no need to send it. In this case, the divorce is considered uncontested and can be granted faster.
If the spouses can’t agree or the respondent does not accept the conditions, the latter must send a written response to the court before the waiting period ends. In this case, the divorce becomes contested, which means that additional steps like mediation or court hearings will be required.
Online Divorce: What Is It and Why Is It so Popular?
First, one needs to understand the terminology. “Web divorce” and derivative terms do not mean that spouses can get divorced online. It means they can prepare their application for divorce online. Only a judge can grant the divorce itself after papers are filed with the court.
Second, so-called “divorce over the internet” works only for uncontested cases when spouses don’t have disputes.
Usually, online divorce companies require spouses to create an account and answer questions about the marriage. They can work with a questionnaire that way it is convenient for them:
- one spouse can answer the questions and then approve everything with the other side;
- both spouses can sit at the computer together and answer the questions;
- spouses can share account credentials and answer the questions individually.
Based on the answers provided, the online service selects the forms and fills them out. Most often, the documents are ready in a couple of days. All that remains is to sign them and file with the court.
This process is relatively quick, especially when compared with DIY divorce forms preparation. While it may not take a lot of time to download all the necessary forms from the local court assistance office website, legal paperwork can be a time-consuming and challenging process. Moreover, the court may refuse to accept documents and review the case if mistakes are found.
As for the cost, spouses who decide to complete divorce papers online can save money compared to using a lawyer. With this inexpensive solution, they may not have to pay $8000+ in attorney fees, which is the average in Idaho.
Conclusion
Only spouses can decide what their divorce will be like: an amicable separation or a complex and lengthy court battle that can ruin the remnants of an already broken relationship.
A married couple can choose an easier uncontested divorce if an agreement on all the marital aspects is reached. If spouses can’t leave all the grievances behind and negotiate, the process will become more complicated. Of course, the divorce will be granted sooner or later, but the question is how long it will take and how much money it will cost.
