Divorce In Idaho: How To Get It Online?
Because of the pandemic, everyone has gotten used to doing things online. Grocery shopping? You can order food online. Yoga classes? Just download an app. Even divorce can be completed online for the most part.
If you want to get your dissolution of marriage in Idaho online, this article will guide you through the process. We will also give you some tips on how to end your marriage relatively quickly without spending unbearable amounts of money.
Grounds and requirements for divorce in Idaho
As for the residency requirements for spouses in Idaho, it is one of the shortest in the nation. Either spouse must be a resident of the state for just 6 weeks to file for a divorce.
According to Idaho law, you may have a no-fault or fault-based divorce. No-fault divorce implies that your marriage is irretrievably damaged due to irreconcilable differences. This option is the easiest one to handle as it significantly shortens the divorce process. However, if you decide to choose a fault-based divorce, you need to use one of the following 7 grounds:
- Extreme cruelty
- Felony conviction
- Permanent insanity (spouse must reside in a mental institution for no less than 3 years)
- Habitual drunkenness (no less than for 1 year)
- Willful neglect (failure of either spouse to provide for the common necessaries of life of the other party for no less than 1 year)
- Willful desertion (separation for no less than 1 year, intending to leave the marriage)
Another reason is separation for no less than 5 years in a row. Although no-fault divorce is your go-to option, you may consider a fault-based divorce if you need it to influence such important decisions as property division, child custody, or spousal support.
Overview of the divorce process in Idaho
Each type of divorce requires preparing the forms, filing the documents, serving the other spouse, and going through a waiting period. The whole process may seem rather complicated, so we are here to help you get a clear idea of the requirements and specifics for every step of your divorce.
Preparing the forms
Basically, you have 3 options concerning paperwork preparation for your divorce.
Option #1 is to do everything yourself. You will definitely save some money, but not time. You will have to collect all the forms required for the case — many of them are accessible from legal resources. However, if you don’t get it sorted out and make any mistakes, you will have to go through the process again, which will take much of your time and effort.
Option#2 is to hire an attorney who will provide you with all the necessary information and assistance regarding your divorce forms. In this case, you won’t have to worry about the mistakes with the paperwork, but it will cost you a pretty penny.
Option #3 is to use online services to prepare the documents for you. This will save you time and money, and you won’t even have to leave the house to get the completed forms for your case.
The forms you will need vary depending on your county, as each county has its own requirements for the documents you must prepare. Although there is a list of forms you will definitely need if you are filing for divorce in Idaho:
- Family Law Case Information Sheet
- Petition for Divorce (No Children)
- Summons with Orders
- Affidavit of Service with Orders, and
- Vital Statistics Form.
Filing the forms
When your paperwork is completed, your next step is to file the divorce papers with the clerk. You will also have to pay the filing fee, which you can avoid if you ask the judge to waive it. Don’t forget that you will need a copy for yourself and one to serve your spouse.
The Idaho Courts now offer an electronic filing system, which allows you to file, serve, distribute and deliver the documents electronically. If you choose the e-filing system, you can handle your paperwork online from any place, at any time, and shorten the amount of time it takes to deal with all the documents.
To make the process easier, you should resolve all the existing issues between you and your spouse amicably. You can reach a settlement agreement covering child custody, property division, spousal support, or alimony.
Serving the forms
There are 4 options to serve your spouse in Idaho. It can be done by any unconcerned person over the age of 18 not involved in the case, the County Sheriff, a private process server, or, since 2018, your spouse can be served online.
To finalize the divorce, the court will require evidence of service. Even if you don’t know your spouse’s whereabouts, or they are currently in the military or jail, it won’t become a problem. You just need to ask your local court clerk about the service rules that apply in such a situation.
Waiting Period in Idaho
The waiting period in Idaho is no less than 20 days before you will be granted a final divorce. Resolving every issue before the hearing stage will significantly simplify and shorten the process. Alternatively, you will have to go to trial, where the judge will decide all the issues that the spouses could not settle independently.