Marriage dissolution has long been something familiar in the modern world. Moreover, some procedures make it even more affordable and inexpensive. For example, un uncontested divorce. It is the way to end a marriage quickly and minimizing the drama.
Summary of an Uncontested Divorce in Idaho
In Idaho, there are two main types of divorce: contested and uncontested. A contested divorce occurs if the spouses cannot resolve their differences without a judge. All controversial matters will be addressed in the courtroom, which makes such a divorce long and expensive. Moreover, it is also high stress, since quite often such a divorce turns into a war between the spouses. But this does not mean that every dissolution of a marriage should follow this scenario. The second type of divorce in Idaho is uncontested, which is the exact opposite of the contested. When spouses try to get an uncontested divorce, this means that they have reached a compromise on all contentious issues and just want to end their relationship. With this, not turning divorce into a drama. In the event of uncontested dissolution, the spouses also do not have to participate in litigation, since they have nothing to divide in the courtroom. Instead, the husband and wife prepare the Settlement Agreement, based on which the judge ends the marriage.
On average, an uncontested divorce in Idaho takes from 30 to 90 days to be final. In this case, the spouses do not necessarily use the services of lawyers. In Idaho, there are two ways to obtain an uncontested divorce. The first is the default divorce. It happens if the defendant does not respond to the lawsuit and does not express an intention to participate in the process. In this case, the judge grants a divorce without the participation of the defendant, and it does not matter what circumstances led to the desire to end the marriage. A contested divorce may also become uncontested if the defendant ignores the action.
The second method of uncontested dissolution is a divorce by stipulation. It is exactly the case when a husband and wife cooperate in order to terminate a marriage and together resolve all disputed issues.
Requirements for an Uncontested Divorce in Idaho
The main requirement of an uncontested divorce by stipulation is that spouses should not have disagreements over the key conditions of their termination. Spouses must reach a compromise regarding the separation of marital property, division of custody of common children, financial support for the child, and matrimonial support. If there are any other disputes, they must also be settled.
Husband and wife should also have grounds for divorce. In the event of a divorce by agreement, the spouses may rely only on no-fault reasons. They are irreconcilable differences when none of the spouses is to blame each other for the breakdown of the marriage. In the event of a default divorce, any fault grounds is appropriate. For example, adultery, extreme cruelty, madness, imprisonment, willful desertion, willful neglect.
Another essential condition for obtaining a divorce is that one of the spouses must be an Idaho resident. It means that a husband or wife must live in a state for at least six weeks prior to filing a petition with the court.
Idaho Divorce Papers
Despite the that each case of a divorce is unique, it’s possible to select the main list of divorce forms, which consists of the following papers:
- Complaint – a form that identifies parties of the action and the grounds for divorce.
- Family Law Case Information Sheet – a form that identifies parties of the divorce and peculiarities of the case.
- Summons – a form that notifies the respondent that divorce and inform him or her about the rights.
- Acknowledgment of Service and Consent to Divorce – a form must be sighed by the respondent to wave the serving method.
- Affidavit of Service – a form that proves that the respondent was served correctly.
- Answer – a form that must file a defendant to agree or disagree to participate in the divorce.
- Sworn Stipulation for Entry of a Divorce – must be jointly filed by spouses when they reached an agreement on their divorce.
Decree of Divorce (with or without children) – a document that ends a marriage.
If the couple has common minor children, then they will need to submit additional documents:
- Child Support Affidavit – a form that shows peculiarities of child support.
- Child Support Worksheet – a form by which child support must be calculated.
- Parenting Plan – a document that describes provisions of custody.
In the case of a default divorce, the plaintiff will need to file the following papers in order for the court to move forward to the final decision:
- Motion and Affidavit for Entry for Default
- Default, CAO 7-2
- An Affidavit and Motion for Service by Publication
- An Order for Service
- A Summons by Publication
- An Affidavit of Mailing Per Order for Publication
Filing for Divorce in Idaho
A divorce begins when one of the spouses submits forms to the court. Also, the claimant must pay a court fee, which may vary by county. Moreover, a lawsuit must be filed in the district where one of the spouses lives. The plaintiff must also make copies of all documents. Further copies must be sent to the defendant, which is also known as serving the spouse. It can be done in one of the ways prescribed by law, with the help of a sheriff or a private process server. After receiving the divorce documents, the respondent must file an answer. In the case of uncontested divorce by stipulation, the respondent agrees to participate in the process on the terms and conditions described in the divorce papers. The defendant has 20 days from the date he or she received copies to give an answer. If the respondent does not show any action and does not intend to participate in the divorce, the claimant must also file additional papers. And then the divorce will be a default. It usually takes longer to be finalized in compare with the divorce by stipulation.
If the defendant agrees to participate in the process, the court will set a date for the first hearing. It is a short meeting with the judge, at which divorce is usually granted.
Divorce in Idaho Without a Lawyer
Another characteristic of an uncontested divorce is that it can be obtained without a lawyer. It is quite legal. Spouses have the right to independently represent their interests in the courtroom, as well as fill out the necessary papers. It is known as the Pro Se divorce. The Idaho Judicial Branch Website also provides information on how to file for divorce without a lawyer. And on the Internet, all the necessary divorce forms can be found for free.
A fairly popular way to uncontested dissolution is online divorce. It allows the spouses to fill out all forms directly via the Internet, while not delving into the nuances of legislation. Such a service is cheaper than the services of a lawyer, but it makes it possible to get ready-made papers faster. However, it is worth noting that online divorce is not for all couples. Only those spouses can use it, which do not have contradictions and controversial issues.