Getting a Divorce Over the Internet in Idaho: Step by Step

Modern family law in the United States can be surprising in its variations and possibilities for clients. Different states and even counties may have different interpretations of the same processes, including their own peculiarities regarding divorce and family law issues. And Idaho is not an exception.

Stamps from modern mass culture shout that getting married today is as easy as shelling pears. And this is indeed the case when you consider the Las Vegas experience. But, as we know, overnight marriages are often done for fun. Unfortunately or fortunately, the US legislation has not yet provided for the option of instant divorce in any form.

Since the decision to divorce is always the result of some kind of negative experience, it is never made in the same frenzy as deciding to start a family. It is expected that filing for divorce should be a measured step by both parties of the process. It is just as true that divorce is a kind of emergency exit for a hopeless relationship between spouses.

Each case is unique and individual, even though there are effective algorithms for handling divorce procedures. The more you know about your case, the faster, cheaper, and less stressful your divorce proceedings can be. So, helpful information is your number one weapon!

Nowadays, the market is full of web services for the preparation of divorce documents. They can significantly facilitate your tasks if you are the initiator of your divorce and act as a petitioner. We’ve compiled some basic guidelines for Idaho residents on how to deal with online divorce preparation.

Basic Requirements and Grounds for Divorce in Idaho

To start a divorce case in Idaho, the petitioner must have resided in the state for a minimum of six weeks. This residency requirement is significantly shorter in comparison with other US states.

According to Idaho’s state laws, it is possible to file for either a no-fault divorce or a fault-based divorce. Since Idaho is a “no-fault divorce” state, there is no need to get into the reasons for the failure of the marriage. For a no-fault divorce, spouses may just say that there are “irreconcilable differences” and they cannot get along. Idaho laws also allow spouses to file for a divorce as no-fault if both partners have lived apart or separated for at least five years.

A fault-based divorce case may include such grounds for divorce as extreme cruelty, adultery, willful neglect, willful desertion, felony conviction, habitual drunkenness for more than a year, and permanent insanity.

Starting the Process and Divorce Papers Preparation

Basically, to start the case, one of the divorcing spouses has to file the documents with the court. Whether they are handling a divorce on their own or hiring an attorney, all the necessary forms are available for downloading on the Idaho Judicial Branch official website.

The person filing for divorce in Idaho is called the petitioner or plaintiff. The other spouse is referred to as the defendant or respondent.

An obligatory set of forms to file for divorce in Idaho for the spouses without minor children traditionally includes Family Law Case Information Sheet, Complaint for Divorce, Certificate of Divorce, Affidavit of Service and Summons.

For those parties who have common minor children in a marriage, this set of necessary divorce documents must include Affidavit to Verify Income, Standard or Shared Custody Worksheet, and Parenting Plan. Once the necessary documents are ready, they need to be filed with the clerk in the district court, and a filing fee must be paid.

The clerk will retain the original forms, and the petitioner will get several copies of all records.

One set of copies must be served to the defendant. Once the divorce papers are served to the respondent, there is a waiting period of a minimum of 20 days before the final divorce judgment is entered.

If the spouses agree on all the terms of the divorce, it is possible to file a settlement agreement in the court before the divorce case goes to the hearing stage. If both parties are unable to reach an agreement on the various issues, then the case will go to trial. The judge will decide all unsettled matters.

Since 2018, all local courts in Idaho counties have transitioned to an electronic filing system. So-called e-Filing allows documents to be filed, served, distributed and delivered electronically. This system is more efficient, saving time for attorneys, clerks, and judges.

Still think that all of the above is too complicated a process to manage on your own? Online divorce services including idahoonlinedivorce.com have been created to make the initial stage of divorce procedures more comfortable, inexpensive, affordable, and quick. Moreover, you can have a DIY divorce without an attorney. But for this, you need to make sure that your case is uncontested. This is discussed in more detail in the next section.

Uncontested Divorce Features in Idaho and DIvorce Web Services Benefits

A contested divorce is when spouses are unable to come to an agreement. They have unsettled issues like division and distribution of marital property, debts, alimony, child custody and support, medical expenses, and so on. Uncontested form assumes the absence of mutual claims and disputes between spouses.

There are two types of uncontested divorces in Idaho: divorce by stipulation and divorce by default. Divorce by default is when the petitioner files the divorce complaint and serves the other spouse. Divorce by stipulation means a case when both parties agree on all the terms of their dissolution. They should be ready to request the judge to finalize the case.

If the spouses agree on all the terms of the marriage dissolution and the case is uncontested, they can have a “do it yourself” divorce. It can be managed without hiring an attorney. And because parties handle all aspects of the divorce on their own, DIY divorce is cheaper and quicker. They can simply go to a local state government website or local court website and download the needed forms.

If spouses want a “do it yourself” divorce but do not really know how to prepare the necessary documents and do not want to hire a lawyer, a good option would be to use online divorce services. It is important to realize that such websites do not imply the existence of a magic button. The option “divorce over the internet” provides the client only with a ready-made solution for paperwork.

The online service will ask questions about your divorce then fill out the forms for you. When your papers are ready, you can print the documents and file them with the county court clerk or use e-filing and pay the filing fee. Thus, among the obvious advantages of working with online divorce services are affordability, guaranteed quality of documents, saving time, no need to visit the court often or consult with a lawyer, and, as a result, less stress.