Sometimes people stay with each other for many years because they are afraid of the difficulties of the dissolution of marriage. Paperwork with incomprehensible legal terminology, huge bills, meetings with a lawyer, and going to court are all part of the divorce process. But if the spouses live in Idaho and are ready to sit down and negotiate, there are ways to make it smooth and effortless.
This article will consider the requirements for an uncontested divorce in Idaho, the filing process, and alternative ways of filling out documents, such as online divorce.
How to Get an Uncontested Divorce in Idaho?
An uncontested divorce allows couples to get a final court decree faster, but it is worth considering the mandatory waiting period. In Idaho, it ranges from 30 to 90 days.
There are two types of uncontested divorce in Idaho: divorce by default and divorce by stipulation. Both options are available even if the spouses have minor children.
In a “default divorce,” the petitioner files, but the respondent does not send their response within the required timeframe (20 days for residents or 30 days for an out-of-state respondent). When the deadline for a response has expired, the plaintiff can file for divorce without a defendant’s answer.
A divorce by stipulation is a divorce in which both parties have reached mutually acceptable solutions to all issues and are ready to ask the judge to end the marriage. The stipulation divorce is faster, cheaper, and less stressful than going to court and resolving disputes with a judge.
Spouses can get an uncontested divorce if they have agreed on all of the following matters:
- children custody, place of residence of children, parenting time;
- child support and other expenses for kids;
- division of family property and debts;
- tax deductions and exemptions;
- spousal support;
- the legal reason for the divorce; and
- any other dispute related to the marriage.
What are the residency requirements for getting a divorce in Idaho?
Idaho has one of the shortest residency requirements in the country. When filing for divorce in Idaho, one of the spouses must be a resident in the state for six weeks before applying. To confirm the habitation, the spouse can use a voter registration card, a driver’s license, utility bills, or a pay stub showing a place of employment.
What About the Grounds for Divorce?
When filling out the forms, the petitioner has to point out the grounds for divorce. Idaho law allows for both fault and no-fault divorce. In the case of a divorce with no-fault, the party does not need to prove that their partner caused the breakup. Instead, spouses can indicate irreconcilable differences that make reconciliation impossible.
The court also allows spouses to file for divorce if they have been separated and living apart for at least five years.
In a fault divorce, the plaintiff needs to prove the spouse’s guilt which led to the breakup. Reasons that can be given include:
- adultery;
- willful desertion;
- extreme cruelty;
- habitual intemperance;
- willful neglect;
- permanent insanity; and
- conviction of a felony-level crime.
Divorce by stipulation and without fault allows the couple to get a divorce more quickly since there is no need to provide any additional evidence to the court, and all issues are agreed upon.
Can I do a Do-It-Yourself Divorce in Idaho?
A DIY divorce allows spouses to file a divorce without an attorney. If the petitioner does their case without a lawyer in Idaho, they need to know the proceeding’s nuances and what forms to prepare.
The judge can reject or transfer the divorce case if the plaintiff applies the claim in the wrong court. The Idaho Judiciary has a court system that can help to identify the correct court. There is a Court of Appeals and a Supreme Court. They are divided into seven judicial districts. Each county has a district court, and the district court includes a sub-court (a magistrate division). District courts have separate judges. Magistrate judges handle all divorce proceedings.
How to Apply for Divorce in Idaho?
One of the most critical parts of a divorce is filling out forms. Divorce papers can be obtained from the court office, downloaded from the state website, or spouses can use an online divorce companies’ services.
Divorce over the Internet relieves couples of the worry of selecting the proper papers and filling them out correctly. The experts from the online service do it for you. Such services also provide step-by-step instructions for filing the papers with the court.
For an application for divorce online, the plaintiff only needs to sign up on the site and share some details of their marriage and breakup using a questionnaire. After the responses are in the system, a two-day waiting period follows.
The web divorce system provides completed divorce forms online that the spouse can download at any convenient time, print, and file with the court. But it should be noted that internet divorce is not suitable for contested breakups. To use the software services, spouses should resolve issues about property division, child custody, alimony, and other problems that may arise in the court.
When the petitioner has prepared all the required forms, they can be submitted to the clerk. The clerk will check the originals and collect the filing fees. If the spouse can not afford the payment, they can ask the clerk to waive it. The plaintiff takes one copy of the divorce documents for themselves and delivers the other to their spouse.
Final Words
The cost of a divorce and the speed of getting the final decree mainly depend on the complexity of the case and the courts’ workload. But, this does not mean that the spouses can not affect it. In Idaho, a couple can take advantage of online divorce, which is an inexpensive and affordable way to prepare all the necessary forms in the shortest time and at a fixed price.
