Divorce papers in Idaho — filing for divorce in ID

Online divorce in Idaho

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms, and a user can download those on a court's website.

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Online Divorce in Idaho

For those seeking an inexpensive divorce in the state of Idaho, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Idaho.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though Idaho has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in Idaho is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Idaho with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Idaho, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. Idaho is no exception.

In Idaho, the spouse filing for divorce must have been a resident of the state for a full six weeks immediately before the filing of divorce. The divorce should be filed in:

  • The county where the defending spouse lives or
  • If the defending spouse is not a resident of the state, then the divorce can be filed in the county where the plaintiff lives or designates the complaint. [Idaho Statutes; Title 5, Chapter 404 and Title 32, Chapter 701].

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date Idaho driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

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Valid grounds to get divorce in Idaho

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of Idaho. Grounds are merely the reason for divorce, and the state must approve them.

 

The No-fault reasons for a divorce in Idaho include:

#1

Irreconcilable differences between the spouse and

#2

The couple is living separate and apart without any cohabitation for a period of at least five years. [Idaho Statutes; Title 32, Chapters 603 and 610].

General reasons for divorce in Idaho may include:

#1

Adultery or infidelity or;

#2

Permanent and incurable insanity as has been proven by medical professionals;

#3

Conviction of a felony in a state or federal court of law;

#4

Willful abandonment or desertion;

#5

Extreme cruelty towards the other spouse;

#6

Willful neglect of the spouse; and

#7

Habitual drunkenness. [Idaho Statutes; Title 32, Chapters 603 to 610].

 

Please note that some of these reasons for divorce will require proof in the court, making them a bigger challenge than others.

OnlineDivorce reviews

April F., Missouri
OnlineDivorce made it a lot easier to file with the court. It was a great experience: easy to do and self-explanatory. They do all the work for you and give guidance. I would highly recommend this service to anyone.
Lee G., New York
It was an easy process. Straightforward questions and detailed instructions make filing divorce paperwork very simple. Each step is outlined and explained and there is no question left. This saved me lots of time and money in getting a divorce.
Troy G., Florida
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Ted P., California
It was very quickly and very easy, and it didn't cost me a lot of money. My ex lived in a different state then but it didn't matter. I got the paperwork overnight. it really helps save a lot of time and I would highly recommend it to anybody who is in a situation to get a divorce.
Winter H., Colorado
OnlineDivorce helped me complete my divorce and eliminate spending thousands of dollars on seeking legal representation. We were able to do the division of assets and property and even child custody and visitation. I am thankful to this website.
Fred Z., Illinois
It was easy to file my uncontested divorce. I would highly recommend OnlineDivorce with regards to the cost and the ease of use - it's simple and straightforward. I truly appreciate your technology and your service offerings.
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Custody of the child in Idaho

Custody of the child

Joint or sole child custody may be awarded in divorce cases based on what would be in the best interests of the child, and it will be based on these following factors:

  • The preferences of the child assuming that he or she is of sufficient age and maturity;
  • The wishes and wants of the parents when in line with what is best for the children;
  • The overall char­acter and mitigating circumstances of all family members involved;
  • The relationship that the child or children has with his or her parents, siblings, and other significant family members in the picture;
  • The child or children’s adjustment to his or her home, school, and community environment;
  • A need to promote continuity and stability in the life of the child; and
  • Domestic violence, whether or not in the presence of the child.

Joint custody may be allowed if it can be arranged to assure the child with frequent and continuing contact with both parents. Unless shown otherwise, it is presumed that joint custody is in the best interests of the child. [Idaho Statutes; Title 32, Chapters 717 and 717B and Title 39, Chapter 6303].

In some cases, custody can be set up as a short-term solution to be revisited at a later date if the family or living situation is expected to change dramatically.

Rules for child support in Idaho

Child support is designed to make sure the children of divorcing parents will have access to the same level of care and lifestyle that they had before the divorce took place. Child support is not meant to be punitive in nature. Idaho has put into place specific state-mandated child support guidelines which apply in almost every case, barring exceptional circumstances. With this, both parties’ gross incomes and certain child related expenses are considered when calculating the child support obligation. In the majority of cases, child support payments continue until the child reaches eighteen years of age, and they can extend until the completion of the child or children’s secondary education.

The court may decide to order one or both parents to give child support to a child or children until the age of 18, without regard to any marital misconduct. It would be based upon these following factors:

  • Any existing financial resources of the child;
  • The standard of living that the child would have continued enjoying if the marriage had not ended in divorce;
  • The physical and emotional conditions and any ongoing educational needs of a child;
  • The financial resources, needs, and obligations of both parents [normally this would not include the parent’s share of the community property financial resources or any obligations with a new spouse];
  • The availability of any reasonable medical insurance coverage for any child or children; and
  • The tax benefits achieved by the parent who claims the federal dependency exemption on their income taxes.

There are ways in Idaho for child support payments to be paid to the clerk of the court in the county unless it is otherwise ordered by the court. Please note that there are specific child support guidelines adopted by the Idaho Supreme Court which should be presumed to be correct and true unless evidence is presented showing the award would be otherwise unjust. Finally, keep in mind that child support orders issued in Idaho must always contain provisions allowing that allow enforcement of the order by income withholding if it should become necessary. [Idaho Statutes; Title 32, Chapters 706, and 1201+].

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Rules for spousal support in Idaho

Rules for spousal support

Alimony, which is also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during marriage after the divorce. It is often ordered if one spouse has a much higher earning power than another--such as if one spouse had served as a homemaker during much of the marriage, for instance. This support or assistance may be decided upon by the couple together before filing or may be awarded by the court in a contested case. The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both.

The court can decide to award maintenance to one of the spouses, if that spouse:

  • Has a lack of sufficient property to provide for any reasonable needs and
  • Will be unable to support himself or herself through any obtainable employment.

An award of maintenance is based on these potential factors:

  • The time necessary to find sufficient education and training that would enable the spouse to obtain appropriate employ­ment;
  • The length of the marriage;
  • The ability of the spouse from whom support is being sought to meet their own needs while also meeting those of the spouse who seeks support;
  • The financial resources of the spouse seeking support, including property allotted to the spouse and the spouse’s ability to meet their own needs independently;
  • The tax consequences that are on the shoulders of each spouse;
  • The age of the spouses;
  • Any physical or emotional conditions of the two spouses; and
  • If there is a fault of either party. [Idaho Statutes; Title 32, Chapter 705].

Property division in Idaho

Property division

When a couple chooses to divorce in Idaho, they must distribute property in a fair and agreeable manner.

Idaho is considered to be a “community property” state. Each spouse has separate property which consists of:

  • All property that was acquired before the marriage;
  • Property which was acquired by gift directly to a spouse either before or during the marriage; and
  • Property acquired by individual gift before or during the marriage.

The court will make division of all other property (referred to as the community property) of the spouses in an equal manner, unless there are compelling reasons to provide otherwise. The court will consider these following factors:

  • Any marital misconduct;
  • The duration of the marriage;
  • The current age and health of the spouses;
  • The occupation and career prospects of the spouses;
  • The amount and sources of any income of the spouses;
  • The ongoing vocational skills of the spouses;
  • The employability factors of the spouses;
  • Any premarital agreement that has been written by the court;
  • Both the present and potential earning capability of the spouses;
  • Retirement benefits, to include social security, civil service pensions, military and railroad benefits, etc.;
  • The debts or liabilities of the spouses;
  • The long-term needs of the spouses; and
  • Whether the property award is instead of or in addition to marital maintenance (alimony). [Idaho Statues; Title 32, Chapters 712 and 903 to 919].

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Contested Divorce
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Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.
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Mediation support in Idaho

In Idaho, there is a required 20-day waiting period before the granting of any divorce, unless there is an agreement by the spouses. During this period, either of the spouses can request that there be a meeting held to determine if there is a chance for reconciliation. If there is a chance for reconciliation, and there are children of the marriage, the court can delay the pro­ceedings for up to 90 days to attempt this reconciliation. [Idaho Statues; Title 32, Chapter 716].

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in Idaho

Idaho forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

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Filing fees for divorce in Idaho

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet that is required by a local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email or live chat and we'll do our best to help.
  • We save time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or money back - we have 19 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.