Idaho divorce details
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Uncontested VS Contested Divorce in Idaho
There are two main types of divorce: contested and uncontested. A contested divorce is a long process with a series of trials where the spouses divide property, debts, custody of the child, and fight for alimony. A contested case is generally never simple as there are many issues that need to be negotiated resolved. When the couple fails to come to an agreement, the judge comes into play. The court considers all the disputable issues and makes a decision. This is why a contested divorce can last up to a year or more. Furthermore, contested ones can be quite expensive as in most cases, you will need to hire a lawyer.
Uncontested divorce on the other hand, is a different case; spouses peacefully and amicably dissolve the marriage in a matter of weeks. It is called “uncontested” because the spouses simply have nothing to contest in court as they are able to settle all the disputes on their own. Oftentimes, the judge will grant the divorce after the first hearing if they consider the spouses’ agreement to be honest and fair.
Uncontested Divorce in Idaho
The main condition of a contested divorce is the absence of disputes between the spouses. Before filing for divorce, you and your spouse must resolve all the issues regarding the divorce such as:
- Custody of minor children (if any).
- Amount of support for minor children (if any).
- Division of property and debts.
- The amount and period of spousal support, or alimony.
- Grounds for divorce.
- Any other disputes that may arise in the process of marriage dissolution.
If you are able to come to an agreement on all of the above issues, then you have every right to get an uncontested divorce in Idaho.
Grounds for Divorce in Idaho
Idaho is a mixed state, so you can file for divorce based on both no-fault or fault grounds. No-fault grounds are suitable for spouses who do not wish to blame each other for the fact that the marriage is broken. Instead, they simply agree that they have "irreconcilable differences" that do not allow the marriage to exist. Cases like this are very suitable for an uncontested divorce.
Fault grounds are when there is blame on one of the spouses for the breakdown of the marriage. If the grounds for divorce are fault, then the Plaintiff (the spouse who files for divorce) must prove that the Defendant (the spouse who defends in court) is guilty of the fact that the marriage is broken. There are several fault reasons:
- Cruel treatment.
- Voluntary refusal of one of the spouses to live together during the marriage. At the same time, the spouses did not live together and did not cohabite for at least 1 year before the suit was filed with the court.
- One spouse deliberately refuses to financially support the second spouse.
- Alcohol addiction, which lasts at least 1 year.
- Criminal offense.
- Insanity. The spouse is on treatment in a psychiatric hospital for at least 3 years without any hope of recovery.
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Idaho Residency Requirements to File for Divorce
There is only one residency requirement that must be met in order to file for divorce in Idaho: at least one of the spouses should be a resident of the state for at least 6 weeks prior to filing for divorce. In addition, after the case is registered in court, the spouses will need to wait 20 days before the judge appoints the first hearing.
How to File for an Uncontested Divorce in Idaho?
The first step in getting an uncontested divorce is to negotiate and come to terms with all the issues of divorce with your spouse. If you have any unresolved disputes, an uncontested divorce will not be granted. After you reach common ground, you need to fill out the correct forms. Usually, for an uncontested divorce, you need to fill out: Complaint for Divorce, Summons, Certificate of Divorce and Family Law Case Information Sheet.
After you complete the documents, you need to file them with the judicial clerk and your case will be assigned a number. You must then notify your spouse of the divorce and provide with the copies of the divorce papers. They will have 20 days to respond back. Afterwards, the judge will appoint the first hearing. In most cases, a divorce can be obtained after the first hearing.
Do-It-Yourself Divorce in Idaho
DIY divorce is when the spouses complete all the steps of the divorce process themselves without the help of a lawyer. This is often useful in the case of an uncontested divorce. You have every right to independently fill out all the forms and represent your interests in court. In addition, DIY divorce is much cheaper since you do not have to hire a lawyer. On average, hourly rate to hire a lawyer is $250. If you are confident that you can handle all the responsibilities, DIY divorce can be for you. If you are unsure and have doubts, then it is best to seek the help of a professional.
How Much Does an Uncontested Divorce Cost?
The average cost of an uncontested divorce is $300, which includes the court fee and a fee for serving your spouse. The cost increases when you hire a lawyer to help you with filing the documents. The average hourly rate to hire an attorney is $250. If you want to be confident in the preparation of your documents while also saving a lot of money, you can use online divorce services. The entire cost of using such a service will be cheaper than an hour of hiring an attorney.
How Long Does It Take to Get Divorced in Idaho?
Each divorce case is unique, and so the time it takes will depend on the complexity of your case. If you and your spouse have come to an agreement on all the issues of divorce, you can terminate your marriage in as soon as 20 days after all the documents are filed. In terms of a contested divorce, the minimal waiting period after registration is 6 months. The time it will then take is difficult to say as a lot will depend on the number and complexity of each dispute.
How to Serve Your Spouse in Idaho
State obliges the Plaintiff to serve their spouse with the required documents for divorce. The documents may be delivered either personally or through the help of a professional process server. The non-filing spouse must provide confirmation that they received the documents by signing the Affidavit of Service. After the Claimant receives the response from the Defendant, the Affidavit also needs to be sued.
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Documents You Need to Get a Divorce in Idaho
The main list of forms includes:
- Affidavit of Service
- Acknowledgment of Service and Consent to Decree
- Motion and Affidavit for a Default
- Certificate of Divorce (IDHW form)
- Motion and Affidavit for Entry for Default, CAO 7-1
- Default, CAO 7-2
- Notice of Appearance, CAO 3-1
- Answer and Answer and Counterclaim, Answer and Counterclaim, CAO 3-3 with children or CAO 3-3A without children
- Sworn Stipulation for Entry of a Divorce, CAO 6-8
- Family Law Case Information Sheet, FL 1-16
- Child Support Affidavit, DCP 1-11
- Child Support Worksheet, DCP 1-12 or 1-13
- Parenting Plan, DCMP 3
- An Affidavit and Motion for Service by Publication, Ci 1-7
- An Order for Service, Ci 1-8
- A Summons by Publication, D 1-2;
- An Affidavit of Mailing Per Order for Publication, Ci 2-5.
- Decree of Divorce (No Children Involved), CA0 8-3 or Decree of Divorce (Children Involved) CAO 8-1
- Fee Waiver Affidavit, CAO 1-10A
- An Order Allow Waiver of Filing Fee, CAO 1-10B
You may not need to complete all of them as it will really depend on your individual case. It is also important to note that the accuracy and correctness of your documents are important , because if you make a mistake, the court will reject your divorce papers.
Online Divorce in Idaho
Online Divorce can be a huge help when filling out the documents. All you need to do is provide us with some information regarding your case and we will customize the forms that fit your needs in accordance with the requirements of the law. This is very convenient as you do not need to understand the peculiarities of the legislation. For just a flat fee of $149, you will receive your completed packet of paperwork that is guaranteed to be 100% approved by the court.
Rules for Child Support and Visitation in Idaho
Idaho legislation believes that a child should experience minimum stress and emotional impact in the divorce process, as well as have frequent and constant contact with both parents. If the spouses agree on how to divide custody, then this is a big step forward. If the couple have any disputes regarding custody, the court will decide at its own discretion, guided by the best interest of the child. In order to decide on custody, the court will consider the following factors: the wishes of the parents and the child, the adaptation of the child to new living conditions, the child's relationship with parents and close relatives, and whether there is any presence of violence in the family.
In addition, parents are also required to financially support the child until they reach the age of 18. Support should be made monthly and is calculated on the basis of the Income Shares Model. Thus, the amount is calculated as a proportional ratio to the income of both parents.
The court also asks parents to provide a plan for raising the child. Although it is not necessary, it is recommended. The plan should contain a schedule of how much time the child will spend with each parent along with which holidays. If the spouses are unable to agree, the court will independently set the horus for the child’s visitation.
Rules for Spousal Support in Idaho
A spouse who will require financial assistance after a divorce can request it, also referred to as alimony. Alimony is paid in order to help the needy spouse to get back on their feet, and is usually not awarded for a long time. However, in cases where the marriage lasted for more than 10 years, alimony can be awarded for a long period of time, or even for life. There are several factors that are taken into consideration when the court decides on alimony:
- Length of the marriage.
- Age and psychological state of the spouses.
- Financial possibilities of both spouses and their employment.
- Whether the paying spouse is financially able to provide support
Division of Property in Idaho
The state of Idaho is guided by the belief that property should be divided equally and fairly. Usually, each property is assigned a value so that it enables the couple to more accurately conduct the division. If the spouses have disputes regarding the division of property, the decision will be made by the court after the analysis of several factors. Division of property in court can last a very long time, so it is much better for the spouses to resolve conflicts on their own before the start of the court hearings.
It is also important to determine which property is common and which is separate. This is because separate property is not subject to division. However, the house that the spouses lived together during the marriage is considered common property, regardless of whether is belonged to one spouse before or not.
The issues of determining the types of property can be quite complex. As a result, it is important that you provide documentary evidence of what belongs to who.
Division of Debt in Idaho
Along with property, debt obligations (mortgage loans, car loans, and credit card debts) are also divided between the spouses. However, it is important to note that for creditors, it does not matter that pair is no longer together. If the spouse who received a loan from the second spouse can not pay it off, then the creditors will draw the debt from the spouse to whom it was issued. Therefore, it is best if the spouses repay the debts immediately after the divorce.
Divorce Mediation in Idaho
In Idaho, the mediation process is recommended by the court. Although it is not binding, in some cases, the court may insist on bringing intermediaries into the case. Mediators help the spouses negotiate and come to an agreement on the issues of divorce. If, at the time of divorce, the couple has any minor children, the court may refer the spouses to a mediator in order to resolve disputes regarding the child. In this case, the trial will be suspended for 90 days so that the parents can resolve their differences.
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How to Divorce a Missing Spouse in Idaho
Even if your spouse is missing, it is still possible to dissolve the marriage. In order to do so, you must first register the forms in court and notify the newspaper of your intention to divorce and ask to publish a notice of it. The notice should be published once per week for 4 weeks. This process is also called Divorce by Publication. Note that in order to dissolve the marriage this way, you must file several forms: Motion and Affidavit for Service by Publication CAO 1-7, Summons by Publication CAO 1-1A, Order for Service CAO 1-8 and Affidavit of Mailing of Summons & Complaint Pursuant to Service by Publication CAO 2-3.
Default Divorce in Idaho
Default divorce is when your spouse fails to respond to your Petition. If your spouse does not respond within 20 days since the day you filed the Petition, the divorce will be granted automatically. The sole reason for the default divorce will be because your spouse failed to respond to your intention to dissolve the marriage.
Annulment of the Marriage in Idaho
Annulment is a legal procedure that declares that a marriage as void; in a legal point of view, it is recognized as if it never even existed. There are several grounds for annulment of a marriage:
- One or both spouses were minors at the time of the wedding ceremony.
- The marriage was a result of a fraud.
- The marriage was concluded with force or coercion. However, if the spouse who was forced to marry voluntarily remained in the marriage, then this ground is not suitable for an annulment.
- At the time of marriage, one of the spouses was mentally ill and could not give voluntary consent to the marriage. However if later they voluntarily stayed married, then this is not a ground for an annulment.
If at the time of the divorce there are minor children, the court will decide in terms of their guardianship. Even though the marriage is recognized as if never even existed, custody of the child and the amount of financial support will still be awarded by the court.
Legal Separation in Idaho
Legal separation is a process similar to a divorce, but does not officially end the marriage. Spouses divide property and debts, and deal with issues of child custody and alimony, but legally remain married. Spouses can live separately in ways their lives do not overlap. This is suitable for those who want to separate, but are not satisfied with the state’s requirements for living in order to get a divorce or for those who lose their privileges after the formal dissolution of their marriage. In any case, the couple can get a divorce after they obtain legal separation if they wish to do so in the future.
Same-Sex Divorce in Idaho
Same-sex marriage and divorce have been allowed in Idaho since October 2014. The process of dissolution is exactly the same as any other divorce case: spouses must comply with the state's residency requirements, have a reason for divorce, and file all the necessary documents.
Military Divorce in Idaho
The US law protects servicemen from default divorces. Based on the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and the discretion of the local Idaho court, a trial for a soldier may be postponed for the entire period of the military service or for up to 60 days.
How to Divorce a Spouse in Jail in Idaho
In Idaho, there are no special principles on how to terminate a marriage with a spouse in jail. To make sure you don’t make any mistakes, it is better to consult with a judicial clerk. In addition, you will also need to get a document on the basis of which your spouse is imprisoned and file it along with the divorce forms.
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Idaho Divorce Filing Fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a Filing Fee Be Waived?
The court fee can be waived if you are financially unable to pay for it. you will need to fill out the Motion and Affidavit for Fee Waiver and file it with the documents for divorce. The court will then make the decision to either approve or reject your request.
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