How to File for Uncontested Divorce Idaho
An uncontested divorce Idaho is one in which both parties agree to every important issue of the divorce, beginning of course with whether to get a divorce but including how property should be divided, what child custody and child visitation will look like, and whether child support or spousal support is necessary. An uncontested divorce Idaho will save you a large amount of time since you will be avoiding disagreements over these topics that could carry on for weeks or months and creating enormous legal fees in the process. However, filing for uncontested divorce Idaho is still no picnic. This is a short guide that will help you get started.
How to Start Your Uncontested Divorce Idaho
As with any legal action, the first step to obtaining an uncontested divorce Idaho is filing quite a few forms and petitions. The most important at first will be the Complaint for Divorce, where you will need to state personal information as well as the reason for divorce. (No-fault divorce is possible in Idaho, so simply putting down “irreconcilable differences” is an available option.) You will also need to file a Summons, which is meant to alert the other spouse that an uncontested divorce Idaho is being sought, though surely if it’s uncontested they know this ahead of time. Both the Complaint for Divorce and the Summons come in separate versions depending on whether minor children are involved or not.
Two more forms are required, the Certificate of Divorce, which you can get from the court clerk, and the Family Law Case Information Sheet. These don’t come with minor children variations, but there are four more forms which are only required of parents of minors: Order to Attend Divorce Orientation and Parenting Workshop, Child Support Affidavit, Child Support Worksheet, and Parenting Plan. The Parenting Plan should be attached to the Complaint for Divorce, as well as turned in by itself, so you need to make sure to have several copies of that.
Bring all of the above forms to your county’s circuit court clerk along with a filing fee of $129.
You will then need to serve your spouse with divorce papers. Since this is an uncontested divorce Idaho, this should be very simple. Just show them the Complaint for Divorce and the Summons. They will fill out an Acknowledgement of Service and sign it in front of a notary public and then return it to the Court Clerk.
Waiting and Finalizing
You will need to wait at least twenty days since the time the spouse is served until the divorce can be finalized. During this time you should attend the court ordered Parenting Workshop if you are with children. After this, you should fill out the Sworn Stipulation for Entry of Decree of Divorce, in addition to Decree D8-1 (if you have kids) and Decree D 8-3 (if you do not). Turn this into the court, and your case should avoid a trial. If so, a hearing will occur when a judge will approve of your Decree of Divorce.