| STATE PROCEDURES | ||
| What is considered to be the date of separation in Idaho? | ||
| The term "separation date" refers to the date when the spouses stopped living at the same residence. However, Idaho does not require the spouses to be separated prior to filing for divorce. | ||
| Do we have to be separated to get a divorce in Idaho? | ||
| No, Idaho state law does not require the spouses be separated in order to get a divorce. | ||
| Where do I file my divorce papers in Idaho? | ||
| Divorce papers should be filed with the Clerk of the District Court in the county where either spouse resides. | ||
| Will either of us be required to attend a court hearing? | ||
| In Idaho, a hearing will only take place if the Judge determines one is necessary. | ||
| What documents are included in the self-prepared Idaho DivorceWriter package? | ||
If you select a Idaho divorce without children, you are selecting the following forms:
If you select a Idaho divorce with children, you are selecting the above forms as well as:
Note: You may receive additional documents depending on your county and the answers to our online interview. In the same regard, you may not receive some of the documents in the above list, depending on your county and the answers to our online interview. | ||
| How do I serve my spouse with the divorce papers in Idaho? | ||
| The Plaintiff hand-delivers or mails a copy of the Complaint for Divorce and Summons to the Defendant. The Defendant completes an Acknowledgment of Service, which the Plaintiff then files with the Clerk of the District Court. | ||
| Can I change my name in Idaho divorce proceedings? | ||
| Yes. In Idaho, either spouse is entitled to resume a former or maiden name as part of the divorce proceedings. There is no additional charge to have this request added to your divorce documents. | ||
| What are the Idaho residency requirements for filing for divorce? | ||
| Idaho requires the Plaintiff to have been a resident of the state for six (6) weeks immediately before the filing of the Complaint for Divorce. Idaho Code Ann. § 32-701. | ||
| How much is the filing fee in Idaho? | ||
| Please check with the District Court Clerk to determine exact fees. The filing fee is $207.00 statewide as of June 2017 although that amount is subject to change at the discretion of the state. | ||
| How long does it usually take to finalize a divorce in Idaho? | ||
| Idaho has a mandatory 20-day waiting period between the time the Plaintiff served the Defendant and the time the Plaintiff files the Sworn Stipulation for Entry of Decree of Divorce and Decree of Divorce. | ||
| What are the basic steps to getting a divorce in Idaho? | ||
The basic steps to getting a divorce in Idaho are:
A hearing is not required unless the judge determines one is necessary. | ||
| What are the grounds for filing for divorce in Idaho? | ||
| A couple can divorce in Idaho on the grounds of irreconcilable differences. Idaho Code Ann. § 32-603. | ||
| Does Idaho require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce? | ||
| In divorce proceedings involving minor children, most counties in Idaho require the parents to complete a parent education class. If required, the Clerk of the District Court will notify the Plaintiff when he/she files the Complaint for Divorce. | ||
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| CUSTODY, VISITATION, SUPPORT | ||
| When can a child support order be modified in Idaho? | ||
| A child support order may be modified in Idaho upon a showing of a substantial and material change of circumstances. Idaho Code Ann. § 32-709. | ||
| How is child support calculated in Idaho? | ||
| In general, each parent’s income is considered in relative proportion, and the support amounts calculated (according to state guidelines) from each parent then help decide which parent must pay the other in order to maintain the correct proportion and provide for the needs of the child. | ||
| What are the different types of custody in Idaho? | ||
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"Joint physical custody" means an order awarding each of the parents significant periods of time in which a child resides with or is under the care and supervision of each of the parents or parties. "Joint legal custody" means a judicial determination that the parents or parties are required to share the decision-making rights, responsibilities and authority relating to the health, education and general welfare of the child(ren). Idaho Code Ann. § 32-717B "Sole custody" is an arrangement in which one parent is granted full physical and/or legal custody of a child. | ||
| We already have a child support order issued by a judge. Will we be able to keep the same amount? | ||
| DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also file a copy of already existing child support document(s) with the court. | ||
| What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? | ||
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DivorceWriter shows the child support calculation under the guidelines using the Idaho family support charts. The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Parenting Plan. The court may grant less or more support if the evidence shows that the needs of the dependent(s) require a different level of support. | ||
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| PROPERTY AND DEBTS | ||
| Why do I have to complete financial disclosures in an uncontested divorce? | ||
| More than half of the states require one or both spouses to complete a document listing th... more | ||
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