Understanding the Divorce Process, from Preparing and filing Documents to Completion

Going through a divorce can be a challenging and emotional experience. If you can’t  afford an attorney and want or need to do it yourself, one of the most daunting aspects  is navigating the process of completing divorce documents. A divorce in Idaho typically  requires 10 to 12 separate legal documents, and they must be filed in a particular order,  in a minimum of three (3) separate steps. Understanding Idaho divorce documents and  process can make the journey less overwhelming. 

1. Initial Considerations 

Before diving into the specifics of divorce documents, it's important to evaluate your  situation and decide whether you will need legal assistance. While many people opt to  hire a lawyer, many also choose to represent themselves, either out of necessity, or  because the parties are in agreement and don’t need the added cost of representation.  This decision also depends on other factors, including whether or not you expect the  divorce terms to be contested. Luckily, Idaho is a no-fault state and 99% of divorces are  done on the grounds of irreconcilable differences.

CourtReady.com, the online division of Self-Help Legal Alternatives, has been helping  Idaho residents with their divorces since 1990, and is an excellent resource for those  who decide to represent themselves. It offers court-ready documents, customized with  your desired terms, and provides you with clear step-by-step procedural instructions, at  an affordable cost. 

2. Understanding Idaho Divorce Documents 

When filing for divorce in Idaho, you will need to have several lengthy case documents containing information and terms specific to your case, as well as multiple procedural  documents which are common to all cases. Each document serves a specific purpose in  the divorce process. Here’s a breakdown of the required Idaho divorce documents: 

Petition for Divorce 

The Petition for Divorce is the document that initiates the divorce process. It outlines  the basic information about the marriage, including the names and other statistical  information regarding both spouses, the date and place of marriage, a listing and  proposed division of the parties’ real and personal property, including retirement  accounts, all outstanding debts and obligations, and the grounds for divorce.  Fortunately, Idaho is a no-fault state, and over 95% of Idaho divorces are filed on the  grounds of irreconcilable differences. 

Summons 

The Summons is a document that notifies the other spouse (the respondent) that a  divorce petition has been filed. It provides information about the time frame within  which the respondent must file a response. This document is required to be served  along with the Petition for Divorce. 

Financial Affidavit 

In all cases where there are minor children of the marriage, the court requires a Financial Affidavit to be submitted in conjunction with the Petition for Divorce,  disclosing each party’s income. This is not a required document if the parties have  no children in common. 

Child Support Worksheets 

In all cases with minor children, the court also requires you to submit mandatory  Child Support Worksheets prepared pursuant to the Idaho Child Support Guidelines.  This information is for the purpose of determining the necessity for, and/or amount of child support which should be ordered. The parties are not allowed to waive  support or agree to their own chosen support amount. The correct support amount  is determined by a complex formula and is always calculated using child support  software. These worksheets are not a required document if the parties have no  children in common. 

Family Law Case Information Sheet 

This form is used by the court solely for the purpose of collecting statistical  information about the parties in every type of civil cases, not just divorce actions.  This form is confidential and is only for court purposes and is not provided to the  other party. Once filed it will be “sealed” and only available to court personnel. 

Temporary Orders (provided by the Court for each party) 

Upon the filing of a Petition for Divorce, the Clerk of Court will automatically issue  and attach one or more Orders from the court directed to both parties. If there are minor children in the case, each party will be given and be subject to: (1) an Order to  Attend “Focus on Children” an online parenting class, and (2) a Joint Temporary  Injunction or Restraining Order (Children). The injunction/restraining order is not a  negative order, but only directs both parties that neither of them should kidnap or  remove the child from the State of Idaho or prevent the other parent’s contact with  the child. In all cases, with or without children, the Clerk of Court will issue and  attach a Joint Temporary Injunction or Restraining Order (Property), which directs  both parties not to remove, conceal, transfer or destroy any property until the  divorce is final.

Acknowledgement of Service or Affidavit of Service 

In every case, once the Petition for Divorce has been filed and a Summons has been  issued by the Clerk of Court, the Respondent must be provided with a copy of each document described above, except for the Family Law Case Information Sheet.  Depending upon whether you believe that your spouse will accept and be agreeable  to your proposed terms, you must provide the court evidence that your spouse did  receive his or her copies of the Summons, Petition and all Temporary Orders.

If your spouse is agreeable, he or she can a voluntarily sign a document entitled  Acknowledgement of Service, admitting that he or she was given their copies of the  filed divorce documents. If signed, this document will avoid the necessity of having  such party physically “served” by a third party, such as a Sheriff’s Deputy or Process  Server.

If your spouse is not agreeable, then her or she must be physically “served” by a  third party, such as a Sheriff’s Deputy or Process Server. The person effecting the  service upon your spouse will then sign a document entitled Affidavit of Service,  which must then be filed with the court. 

Response to Petition 

After your spouse has either signed an Acknowledgement of Service or was served  his or her documents by a third party, he or she has a couple of options: (1) do  nothing, and the divorce will proceed and conclude automatically; (2) agree and sign  a Stipulation for Entry of Judgment and Decree of Divorce; or (3) disagree with the  terms of the Petition by filing a Response or Answer to Petition for Divorce within 21  days of being served with the aforementioned documents. 

If your spouse exercises options 1 or 2 above, the divorce will likely be finalized without the need for either party to appear for a court hearing. Following the  expiration of the 21 days to respond set out in the Summons provided to the  Respondent, a signed Judgment and Decree of Divorce will be mailed or emailed to  each party.

If our spouse disagrees, he or she has the option of filing an Answer to your Petition,  either on his own (pro se) or by retaining an attorney to represent him or her and file his or her Answer to Petition for Divorce. If this occurs, the case will then officially be contested and trigger months of back and forth negotiations and/or hearings until  the parties eventually come to agreement, or have to present their case at trial  before the court (typically 4 to 6 months after filing the Petiiton in contested cases).

3. Steps to Complete Divorce Documents 

Completing divorce documents requires careful attention to detail and adherence to  specific filing and handling procedures. If you choose to allow courtready.com to assist you in this matter, then here’s a how they can help you to help you to streamline and  navigate the process: 

Step 1: Gather Necessary Information 

Before you start filling out any forms, gather all necessary information. This includes  personal details, financial records, and information about your children (if  applicable). Having everything at hand will make the process smoother and ensure  accuracy. Courtready.com will provide you with a Divorce Questionnaire, designed  to elicit all of the information necessary to prepare your divorce documents.

Step 2: Completing the Petition for Divorce 

The process of divorce starts with the filling out of a Petition for Divorce. This  document will state the grounds for divorce (normally irreconcilable differences) and  provide all of the details of your marriage, including assets, debts, and information regarding our children (as described under “Petition for Divorce” herein above).  

If you complete a Divorce Questionnaire provided to you by courtready.com, we will  use your information to craft a professionally prepared and legally accurate and  acceptable Petition for Divorce. This Petition will be customized with your specific information and desired terms. We recommend that your proposal be for a fair and  equitable resolution of any and all outstanding issues regarding property, debts or  child custody, to minimize its likelihood of becoming contested.

If you are looking to punish the other parent for his or her transgressions, we  recommend that you should hire an attorney, as they will be happy to argue and  drag the divorce process out until your “will to continue” and financial resources are  depleted. 

Step 3: Serve the Summons and Petition 

If you have allowed courtready.com to assist you in this complicated and stressful  process, we will streamline everything and provide you with detailed step-by-step  instructions, starting with serving the initial documents through completion of the  process. All of the required documents (typically 10 to 12 separate documents) will  

be completely filled out and provided to you, ready for your review and signatures.  These instructions will describe how many copies are required for each document,  and the order in which they are to be submitted to the court. The documents must be submitted to the court in a minimum of three (3) separate steps, rather than all at  

once. 

Step 4: Await the Response 

After serving the Summons and Petition, your spouse has a period of 21 days to file a  Response to Petition, if he or she chooses. This response, if any, will either agree  with or contest the facts and/or terms stated in your petition. If your spouse fails to  respond within such time frame, you may be able to proceed with the divorce by  default. If the divorce is not contested, the court will normally finalize the divorce  without the requirement for either party to appear at a hearing before the court. 

If your spouse does respond, either by preparing and filing an Answer to your  Petition for Divorce on his or her own, by using a fill-in-the-blank response, or by  retaining legal counsel to prepare their response, the case obviously becomes more complicated. If you receive an Answer, or an Answer and Counterclaim, contesting  your Petition, courtready.com can provide you with the necessary Reply to  Counterclaim.  

Step 5: Attend Court Hearings, if Contested 

If your spouse contests your Petition for Divorce, you will need to attend court hearings.  These hearings can address contested issues and allow the judge to review and approve  your proposed terms and conditions. Be prepared to present your case clearly and  honestly. 

Step 6: Obtain the Final Divorce Decree 

If you have followed the instructions provided by courtready.com and filed each of the  required forms provided and described in the step-by-step instructions, and if your  spouse does not file an Answer to contest the divorce or your proposed terms, then the  Judge will likely sign the proposed Judgment and Decree of Divorce, without the need  for you to appear before the judge assigned to your case. This document officially ends  your marriage and outlines the terms of your divorce.

The Bottom Line 

Completing Idaho divorce documents can be complex, but understanding the steps  involved can make it more manageable. If you are self-representing attention to detail  and adherence to legal procedures are key to a successful divorce process.  CourtReady.com is an invaluable resource for those choosing to represent themselves,  providing court-ready documents, clear instructions, and access to Idaho legal  resources. By following this guide and avoiding common mistakes, you can navigate  your divorce with greater confidence and efficiency.