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.
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