Why Divorce.com?
Benefits of an online divorce
Divorce.com is an affordable and convenient way to prepare for an uncontested divorce in Idaho. This service was created specifically for people who want to avoid hiring a divorce lawyer and go through their DIY divorce with less stress.
Divorce.com can significantly simplify the initial stages of divorce preparation, and uncomplicate the process of obtaining the court-required paperwork. Moreover, this online service will save the spouses time and money on expensive attorneys.
Getting legal papers for an uncontested divorce is very easy with Divorce.com. You’ll need to:
Check to see if you qualify to use the service by answering a few simple questions.
Complete the more extensive online questionnaire and provide information about your marriage and divorce terms.
Download and print the packet of documents prepared in a PDF format.
Sign the papers and take them to the local court in the county where you or your spouse live.
Idaho
Divorce Forms
All the forms required
Starting a divorce in Idaho requires collecting and filing divorce paperwork with the family court. Some basic forms can be located at the state judicial websites or self-help centers.
Below is the list of Idaho forms a petitioner needs to collect and fill out:
Petition for Divorce (Form CAO D 1-5 or Form CAO D 1-6)
Family Law Case Information Sheet (Form CAO FL 1-1)
Inventory of Property and Debts (Form CAO RFLPPi 1-1)
Affidavit Verifying Income (Form CAO FL 1-11)
Summons with Orders (Form CAO FL 1-3)
Summons by Publication (Form CAO FL 1-6)
Acknowledgment of Service (Form CAO FL 2-1)
Certificate of Service (Form CAO FL 4-4)
Motion and Affidavit for a Fee Waiver (Form CAO FW 1-9)
Order Re: Fee Waiver (Form CAO FW 1-10)
Family Case Response (Form CAO FL 3-2 or Form CAO FL 3-3)
Family Case Response and Counterclaim (Form CAO FL 3-4 or Form CAO FL 3-5)
Standard Custody CS Worksheet (Form CAO FL 1-13)
Parenting Plan (Form CAO FL 3)
Petitioner's/Respondent's Mandatory Child Support Disclosures (Form CAO FL 5-1)
Sworn Stipulation for Entry of Divorce Decree (Form CAO D 6-8)
Decree of Divorce (Form CAO D 8-3 or Form CAO D 8-1)
Some of the forms above do not apply for couples without minor children, e.g., a Parenting Plan and Child Support Worksheet.
Steps to consider
Filing Requirements
Residency Requirements
The person filing for divorce (a plaintiff/petitioner) in Idaho must meet the state's residency requirements. Otherwise, the courts won't have jurisdiction over the spouses, property, and children.
Residency requirements usually address the number of days, weeks, months, etc., that one or both spouses have lived in the state. So in Idaho, the minimum time a plaintiff must have lived within the state territory before filing for divorce is six weeks.
Grounds for Divorce
Idaho has a list of grounds for divorce, both no-fault and fault-based. The no-fault reason is called "irreconcilable differences," which equals the marriage breakdown with no prospect of reconciliation.
The fault grounds include:
adultery
extreme cruelty
willful desertion for one year or more before filing
willful neglect for one year or more
habitual substance abuse
conviction of felony
insanity with institutionalization for three years
separation for five years or more
Initial Filing
The first step includes obtaining the required documentation. It consists of a Petition for Divorce, Summons, Family Law Case Information Sheet, and other forms concerning children.
The next step is to make two copies of each form. Then, a filing spouse must put each copy under the original document and bring this packet of papers to the court clerk. Once the plaintiff files the documentation, the district clerk will stamp the date and time on the forms and hand back the stamped copies.
Filing Fees
Starting a divorce case comes with a fee. In Idaho, the plaintiff must pay $207 when giving the papers to the court clerk. Other court fees may include the service process.
These fees may be waived in certain circumstances. If the plaintiff can prove their inability to pay, they may request a fee waiver. The request includes filing the following forms:
Motion and Affidavit for Fee Waiver (Form CAO FW 1-9)
A proposed Order Re: Fee Waiver (Form FW 1-10)
Serving the Respondent
The plaintiff must give the Summons and the copies of the Petition with other attachments to the other spouse. If the respondent is cooperative, a plaintiff may send them the Acknowledgment of Service, which they must sign.
If the respondent is not cooperative, a plaintiff can ask a sheriff or a private process server to deliver the Petition and Summons to the other spouse. After serving the respondent, they will complete the Affidavit of Service and send it to the plaintiff, who must file it with the court.
Waiting Period
Idaho judges will sign a divorce decree after the waiting period ends. The mandatory condition is that the courts wait 21 days before finalizing the case. Particularly, the countdown begins from the date:
the respondent signed the acknowledgment of service
the sheriff delivered the papers to the respondent
the service by publication period is over
The plaintiff can get a default divorce if the respondent doesn't file the response papers within 21 days after the service.
Finalizing a Divorce Case
If the spouses agree on all issues, they must sign the Divorce Decree with the proposed terms. They should use CAO D 8-1 or CAO D 8-3. Also, if they have minor children, they must complete the Child Support Transmittal (Form CSS 809).
In some cases, the judge will not require a hearing. If they do, it is usually to clarify specific proposed divorce terms. The divorce is final on the date the judge issues the final judgment and signs the divorce decree.
Filing basics
Filing for Divorce
Idaho
How to get started
Starting a divorce in Idaho requires collecting and filing divorce paperwork with the family court. Some basic forms can be located at the state judicial websites or self-help centers.
Below is the list of Idaho forms a petitioner needs to collect and fill out:
Petition for Divorce (Form CAO D 1-5 or Form CAO D 1-6)
Family Law Case Information Sheet (Form CAO FL 1-1)
Inventory of Property and Debts (Form CAO RFLPPi 1-1)
Affidavit Verifying Income (Form CAO FL 1-11)
Summons with Orders (Form CAO FL 1-3)
Summons by Publication (Form CAO FL 1-6)
Acknowledgment of Service (Form CAO FL 2-1)
Certificate of Service (Form CAO FL 4-4)
Motion and Affidavit for a Fee Waiver (Form CAO FW 1-9)
Order Re: Fee Waiver (Form CAO FW 1-10)
Family Case Response (Form CAO FL 3-2 or Form CAO FL 3-3)
Family Case Response and Counterclaim (Form CAO FL 3-4 or Form CAO FL 3-5)
Standard Custody CS Worksheet (Form CAO FL 1-13)
Parenting Plan (Form CAO FL 3)
Petitioner's/Respondent's Mandatory Child Support Disclosures (Form CAO FL 5-1)
Sworn Stipulation for Entry of Divorce Decree (Form CAO D 6-8)
Decree of Divorce (Form CAO D 8-3 or Form CAO D 8-1)
Some of the forms above do not apply for couples without minor children, e.g., a Parenting Plan and Child Support Worksheet.
Custody Basics
Idaho family judges always ensure that their court orders concerning custody meet the child’s best interests. For this reason, they typically award joint types of custody, either physical or legal, or both.
Family law courts may award sole custody to only one parent or grandparent if the other parent is not fit to perform their duties.
Joint physical custody - the children spend frequent time with each parent according to a court-approved schedule.
Sole physical custody - the children live with a custodial parent and may or may not see the other parent, depending on the court orders.
Joint legal custody - parents have equal decision-making rights about the children’s well-being.
Sole legal custody - only a custodial parent can decide what’s best for the children.
If the spouses negotiated the custody terms themselves or with the help of a divorce mediator, they can file a joint Parenting Plan. Otherwise, the judge will decide who gets custody by considering the following factors:
the wishes of the parents and the child regarding the custody
the relationship between the child and the siblings
the adjustment to school, home, or community
the circumstances of all involved parties
the need to provide a stable environment in the child’s life
the history of domestic violence
Uncontested Divorce
An uncontested divorce means that both parties agree on all issues regarding their marriage dissolution including child custody, property division, alimony, etc. By deciding on these issues, the spouses can have more control over the final judgment and minimize their divorce expenses.
Uncontested divorces are usually cheaper and less stressful than contentious divorces with the lawyers involved. However, one of the main complications is the paperwork the spouses must complete.
Both parties need to sign a settlement agreement, among other papers, putting the following provisions into it:
property division, including assets, debts, real estate, pets, etc.
child-related terms (custody and support)
alimony, if any
This agreement is just one form out of many so, if you need help collecting and completing the documentation for your uncontested divorce, use Divorce.com. Our system will generate all the court-required paperwork in only two business days.
Support Basics
Under Idaho laws, parents must support their underage children after divorce. The court may allocate a portion of the personal property of a paying parent for past or future support payments.
The amount of obligation is determined without regard to any parent’s misconduct. The judge might also consider the following factors:
The child’s financial resources
The parents’ resources, needs, and financial obligations
The standard of living during the marriage
The child’s physical, emotional, and educational needs
The availability of medical coverage and tax benefits, etc.
The child will receive support until they come of age (18 years). If they’re enrolled in full-time high school education, the support payment may be extended until the child finishes high school or turns 19, whichever comes first.
