How to file for divorce in Idaho
The legal term for divorce in Idaho is the Dissolution of marriage. The dissolution of marriage ends all marital ties and settles all adjoining matters between two persons. Matters within them range from custody rights, distribution of joint assets, and debts. The process of divorce in Idaho could get longer and more complicated because of these adjoining matters. Therefore, it is important for any prospective filing party to get adequate information about the laws of the state and the procedures involved before initiating a legal action. The Idaho State Code, Title 32 chapters 404 form the framework for divorce proceedings in the state. According to the US census update in 2018, the divorce rate in Idaho was 8.2 divorces per 1000 women aged 15 years and above. This value put Idaho in the 23rd position of divorce rates in the country. Relative to the past 10 years, divorce rates in Idaho have dropped significantly by 6.3 divorces per 1000 of the same age range.
Do I need a reason for divorce in Idaho?
Under title 32 chapters 603 and 610, Idaho Court may grant a divorce based on fault grounds or no-fault grounds. No-fault grounds include:
- Irreconcilable differences
- Separation between parties for five years and above
- Common fault grounds for a divorce in Idaho include
- Extreme cruelty
- Willful abandonment
- Felony convictions
- Permanent insanity of either party
A prospective filing party may not have sufficient grounds to file in an Idaho Court unless they have been residents in the state at least six weeks before the date of filing.
The records contained in documents related to family court include both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care in order to make changes in the future. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. In many cases, these records are not available through either government sources or third party public record websites.
Why do I need a Divorce lawyer?
Each divorce case has its own peculiarities, which if not well managed may lead to an undesirable outcome. Divorce lawyers have both experience and skill in navigating the legal waters of a divorce case. Although a no-contest divorce may not require the representing role of an attorney, the litigant may need the professional advice of one in order to achieve a desirable outcome.
How do I get started in a Divorce in Idaho?
The filing party or spouse (also the plaintiff) may initiate a legal action either with the Family Law or Domestic Relation Courts of the State. The Courthouse address must be domiciled in the residency of either spouse. The primary documents for filing a divorce lawsuit in the state are the Complaint of Divorce and the Decree of Divorce forms. The filing process may require more forms and documentation, depending on how extensive the adjacent issues are. Some of them are:
- Marital settlement agreement form
- Notice of Acknowledgement of Service
- Family Law Case Information Sheets
After filing the documents with the District Court, the court clerk assigns a case information number and opens an official record for the case. The filing process usually attracts fees: a divorce filing with or without children is $207, while a response to divorce is $136.
Next is the service of summons. The service of summons may be in person, through a representing attorney or persons hired for the process of service. Upon receiving the acknowledgment of service from the defendant, the court waits for at least 20 days for a response from the defendant. If there is no response, the court can grant the divorce by default. There are mandatory disclosures required for settlements of all matters joining both parties. Some of these mandatory disclosures include a submission of their financial statements, a declaration of assets/liabilities, etc. Thereafter, depending on the trajectory of a case, the court process to complete the divorce either by default or by stipulation. Divorce by stipulation means that both parties agree and therefore sign to have the divorce granted. Divorce by default means that the defendant-spouse did not respond to the summons served to him or her.
How to file for a Divorce in Idaho without a lawyer?
It is possible to file for a divorce without a lawyer in Idaho courts, especially if it is an uncontested divorce. In an uncontested divorce, both parties agree to enter the divorce and also agree on all aspects of support, property settlements, payment of joint debts, and custody rights. The agreement of both parties simplifies the entire process. However, court rules and the laws guiding the legal process may get complex. Whether the choice is to self-litigate or get the representation of an attorney, it is important to subscribe to the professional advice and experience of a family law attorney in the state.
Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain, and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.
How does Idaho Divorce Mediation work?
Divorce mediation is an integral aspect of the divorce proceedings in Idaho courts. Upon establishing grounds of divorce, the court on discretion may delay the proceedings to allow for mediation and counseling. This is to make room for reconciliation and to serve the best interest of the family. Mediation is an alternative dispute resolution process that makes it easier for the divorcing parties to resolve their differences informally. The outcome of a mediation process may lead to a reconciliation and thus a withdrawal from the case, or an amicable settlement agreement plan for both parties.
How long after mediation is divorce final in Idaho?
When the court orders a mediation process for divorcing parties, the maximum time granted for this stage is 90 days. Regardless of the outcome of the mediation process, the court takes a decision at the expiration of the deadline. To put it differently, whether both parties agree, the court takes a decision on the status of the case at the end of 90 days.
Are Divorce Records Public in Idaho?
Divorce records are confidential information in Idaho. The confidentiality lasts for 50 years, after which they become open to the public. Before then, only the parties listed in the record, their immediate family members and authorized legal representatives can access these records.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple record. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
How do I get Idaho Divorce records?
The Bureau of Vital Records and Health Statistics maintains a record for divorces granted in the state of Idaho from May 1947. Earlier records are available in the office of the County Recorder, where the divorce was finalized. The Bureau of Vital Records handles requests for divorce certificates only. Divorce decrees are available only in the county where the event occurred. To begin, complete the vital statistics certificate request form (spanish form) or write an application that contains enough information to help facilitate the search for the specific record. Enclose a valid and approved form of identification and fees in form of a check or money order and submit by mail to the agency at:
Vital Records Unit
Bureau of Vital records and Health statistics
P. O. Box 83720
Boise, ID 83720
Online requests may require the use of a credit or a debit card payment. Certified copies cost $21 for the first copy and $15 for each additional copy. Note that the agency does not receive in-person requests.