Idaho Uncontested Divorce

Divorce in Idaho

How to Get an Uncontested Divorce in Idaho

Idaho Uncontested Divorce: Ending a marriage is rarely a happy or easy affair. Many times a divorcing couple is in a state of disagreement or at the very least some emotional stress.

This emotional stress can make people want to fight or to ensure that the other person loses something.

Unfortunately, some people make the mistake of carrying the fight into a courtroom and find out that neither of them actually “win” a divorce case.

For this reason and many more, an uncontested divorce is a much better option.

In an uncontested divorce, a couple seeks an agreement on everything involved in the divorce and the only issue that a court needs to decide is whether to approve the divorce.

How to Get an Uncontested Divorce in Idaho

This agreement allows both individuals to obtain what he or she wants out of the divorce and work out a settlement.

It also places less of a burden on the courts because there is no need for a trial and no need for lengthy cases.

In addition, an uncontested divorce is generally cheaper when attorneys are involved because an uncontested case ends must faster.

Many attorneys will even offer only a flat rate fee for their services. With the right legal resources however, an attorney is not necessary and in many counties throughout Idaho, you do not even have to show up for a final hearing.

To file for an Idaho uncontested divorce, the filer (also termed the plaintiff) must have been a resident of the state for at least 6 weeks prior to filing a complaint asking the court to begin the divorce proceedings.

The ground for an uncontested divorce, based on Idaho statutes, is proving irreconcilable differences.

In every Idaho uncontested divorce case, some formal agreement between the parties must be achieved and provided to the court in writing.

This is done when both parties fill out the initial complaint and place the same information, in the final decree and its attachments.

The agreement in these divorce forms outlines how the spouses are dividing martial property, debts, and other issues such as alimony.

This form, once approved, will become part of the court order. For cases involving children, additional forms, covering child support and financial issues must be submitted in order to establish which parent will receive support and the entire visitation and custody schedules for both parents.

This particular attachment, covering children, is referred to as a Parenting Plan, and is required even for an Idaho uncontested divorce.

The best place to find the necessary legal resources to complete and file an uncontested divorce case is the internet or the district court clerk’s office.

As part of the Idaho Supreme Court’s website, the courts put together a self-help center online offering forms, instructions, case information, court information, and even an interactive free program to aid Idaho residents in filling out all of the necessary forms online.

Once the court has ruled on the submitted paperwork, a judge will sign the decree and provide it at the final hearing or have the clerk mail copies to both parties.

Once this part of the process is over, both parties can consider themselves officially divorced and move on with their lives.

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