Residency Requirements
In order to file for divorce in Idaho one or both spouses must have resided in Idaho for at least six (6) weeks immediately prior to filing for the divorce.
Fill out your forms
When filing for a divorce you must file certain documents as required by the court. Most of the following forms are available through the Idaho Supreme Court Self-Help Center website. Make sure you keep a copy of these forms for your own records. Forms to be completed or filed by all people filing for no-fault divorce in Idaho include:
- Complaint for Divorce
- Summons
- Certificate of Divorce or Annulment
- Family Law Case Information Sheet
Forms for Couples with Children include:
- Order to Attend Divorce Orientation/Parenting Workshop
- Child Support Affidavit
- Child Support Worksheet (standard or shared custody)
- Parenting Plan
Additional Forms if Applicable:
- Affidavit and Motion for Service by Publication
- Order For Service
- Summons by Publication
- Affidavit of Mailing Per Order for Publication
And again, if you find yourself needing any of those forms, simply visit Idaho's Court Assistance Office.
If both parties are in agreement regarding their divorce they should complete a Divorce Settlement Agreement. Use Rocket Lawyer's easy interview process to complete this agreement, which will outline the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties being in agreement.
Once the divorce is filed there is a minimum of (20) days before the court will sign the divorce decree. If the parties have not reached an agreement and executed a Divorce Settlement Agreement the waiting period can be extended to six (6) months or more.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least two copies of each. One set will be filed with your court clerk's office, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your court clerk's office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file.
Additional Assistance
You can use Rocket Lawyer to Find a Lawyerin your area who can provide you with further assistance in completing your divorce.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
