Real-life is not a fairy tale. Not every wedding results in a happy ending. Irreconcilable differences may appear and serve as the beginning of a dissolution of marriage. And if the couple wants to get a divorce in Idaho quickly, they need to come to a Settlement Agreement.
This article will help you learn about the divorce process, requirements, and procedures. You will also read about internet divorce and how it can speed up marriage dissolution in Idaho.
Getting a Divorce in Idaho
The fewer controversial issues between the couple, the faster the divorce will go. If the spouses are ready to sit down at the negotiating table and resolve all aspects of the dissolution peacefully, they can file for an uncontested divorce.
An uncontested divorce is when both spouses agree on all matters such as property division, debts, child custody, and alimony. If the couple can not resolve at least one point, an uncontested divorce will not be an option.
There are two types of uncontested divorces in Idaho:
- divorce by stipulation
- divorce by default
Divorce by stipulation – is when the spouses settle all issues regarding the divorce and turn to the judge for a final decision. In other words, this is a DIY divorce (do-it-yourself divorce), which can be done without an attorney.
Divorce by default – is a type of divorce when the petitioner submits documents to the court, but the respondent does not respond within 20 – 30 days. In this case, the petitioner can file for divorce without a response from the respondent.
Both options are available even if you and your spouse have minor children.
Residency Requirements for Filing for Divorce in Idaho
To apply for divorce in Idaho, one of the spouses must be an Idaho resident for at least six weeks. It is one of the shortest residency requirements compared to other states. For reference, in most states, you need to reside for at least six months.
If the petitioner is not a resident of the state, they can apply to the local court for the county in which the respondent lives. Alternatively, the petitioner can apply in the state where they live according to local laws.
Divorce Papers Preparation
No divorce runs without paperwork. The spouses can assign part of their duties to a lawyer or do it themselves. One of the more affordable and inexpensive ways is online divorce.
Divorce over the Internet means preparing the necessary documentation using special services, using one of the many available online divorce companies. They help to fill out divorce forms fast and efficiently, following state requirements. But if the spouses have a contested divorce, it is better to contact a qualified attorney to resolve all issues.
Preparing an application for divorce online usually takes no more than two hours, depending on how much time you spend answering the survey. After that, the service processes your answers within two business days, fills out all the necessary forms following your case, and sends you completed documents. It is much faster than if you fill out all the paperwork with a lawyer.
The package of documents depends on the presence of underage children in marriage. To file for divorce without children in Idaho, the spouse has to submit the following basic forms:
- Petition for Divorce (No Children)
- Family Law Case Information Sheet
- Summons with Orders
- Vital Statistics Form
- Affidavit of Service with Orders
If the couple has children, they need to apply the following divorce forms:
- Petition for Divorce (With Children)
- Family Law Case Information Sheet
- Summons with Orders
- Affidavit Verifying Income
- Affidavit of Service with Orders
- Standard Custody Worksheet or Shared or Split Custody Worksheet
- Parenting Plan
- Vital Statistics Certificate of Divorce
In addition to these primary forms, other documents can be added according to the case complexity.
Below we will look at some of the aspects of uncontested divorce that spouses should resolve before completing divorce online.
Grounds for Divorce
The grounds for divorce are legally recognized reasons for marriage dissolution. It is a kind of excuse for breaking up marital relations.
There is such a thing as no-fault grounds in Idaho and several traditional fault-based grounds for divorce. For the first option, the petitioner should indicate that “the parties have irreconcilable differences.” The spouses can also file for a no-fault divorce if living separately for at least five years.
If the divorce is due to a fault, then the spouse should indicate one of the following reasons:
- adultery
- wilful desertion
- extreme cruelty
- willful neglect
- conviction of a felony
- habitual intemperance
- permanent insanity
However, it is worth noting that after pointing out guilt, the court will require proof. And this complicates the proceedings and increases the cost of the divorce.
Property Division
There are two types of property in marriage:
- Separate Property: something that you acquired before marriage, income from this, as well as gifts and inheritance received
- Marital Property: the shared property and debts that appeared during the marriage
As a rule, the shared property is divided equally. But in some cases, the judge may, at their discretion, take into account the following factors:
- any prenuptial agreement
- duration of the marriage
- each party’s needs
- any retirement benefits
- each party’s present and potential earning capability
Spouses should agree in advance on the division of property. So they do not waste time on additional court sessions and do not drag out the trial for months. In this case, the judge just approves their decision.
Child Support and Alimony
Spousal support in Idaho is called maintenance. The spouse can obtain it during a divorce or for a certain period after. The maintenance is provided if the party does not have sufficient income or property to be self-supporting.
Idaho law requires a judge to consider the following factors when determining the amount and duration of spousal support:
- the financial resources of the party seeking maintenance
- the time necessary to acquire sufficient education and training to enable them to find employment
- the physical and emotional condition and the age of the party seeking maintenance
- the ability to pay maintenance
- the fault of either party
Also, one of the essential issues that spouses should resolve is child custody and child support. Usually, child support is received by the person with whom the child lives. The maintenance and amount of child support are determined under the Idaho Child Support Guidelines.
Filing for Divorce in Idaho
When filing documents with a local court, the plaintiff has to pay filing fees. The cost of filing a divorce petition in Idaho can be over $200. However, you may be eligible for a fee waiver if your income is low.
It is worth noting here that if the court rejects the documents due to mistakes, you will have to re-submit the forms and pay again.
You may get a divorce decision at least 20 days after you file your application. But usually, it takes longer, depending on the workload of the court. If you have children, the waiting period can be up to 90 days.
Final Words
The best way to speed up a marriage dissolution is to agree in advance and use the court just for official approval. In such cases, spouses can use web divorce services to complete their paperwork easily.
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