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How to File for Divorce in Idaho

by Sherry Morgan
Consider hiring an attorney to help in filing for divorce.

Consider hiring an attorney to help in filing for divorce.

Spouses who wish to apply for a divorce in the state of Idaho must do so within the county where at least one spouse resides. Those filing must live in the state of Idaho at least six weeks preceding the divorce filing. A non-contested divorce is faster than a contested divorce, but many couples find it hard to come to an agreement on property and child related matters. Divorces can be both costly and lengthy, so working together with your spouse can be beneficial.

Hire an attorney to speed up the divorce proceedings and help with legal documentation and filing. Visit the county clerk’s office with your attorney to obtain the necessary paperwork required to file for divorce. Along with the proof of separate residences, a Decree of Divorce and Complaint for Divorce forms, other documents are required. Provide proof of income for both parties. Record court dates along with additional paperwork that may need filing before the court date.

Determine the reason for the divorce. Divorces in Idaho are classified as either fault or no-fault. A no-fault divorce is the result of irreconcilable differences that will lead to both parties living apart for at least the next five years. Gather proof, such as rental agreements or house loans that will prove that both parties are and will be living apart. Fault divorces are the result of adultery, desertion, neglect, felonies, or cruelty that result in the couple living apart.

Provide the required identification, forms, and reasoning for filing for divorce for your lawyer and county clerk’s office. Your spouse will receive notice that you have filed for a divorce along with paperwork asking him to appear in court. This notification is sent through the mail or hand-delivered by an official. Those who deliver the notification are required to show that the spouse is aware of the divorce, or a receipt can be used as proof. Attend court with your lawyer on the given date to begin the divorce proceedings.

Speak with your spouse ahead of time to determine whether you can decide the division of property and custody. Property obtained while married is community property within the state of Idaho. If a mutual agreement is not possible, the judge will determine the division of property. If you fail to agree on custody, the judge will grant custody and visitation as he sees fit.

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