If you are going to start an Benewah County divorce and want to learn about the required documents to prepare, the basics of a divorce process, and other aspects of marriage termination, this article will come in handy.
Steps for Filing a Divorce in Benewah County
The specifics of a divorce process and its duration usually depend on its type – contested or not, the ability of parties to cooperate, the children involved, etc. However, there are some general steps typically present in all divorces.
1) Make Sure Your Meet Residency Requirements
According to state law, a petitioner has to live in the state for at least 6 weeks before initiating a divorce process.
2) Collect the Necessary Data and Complete Documents
You need to collect such papers as marriage certificates, financial records, information about assets and debts, and child-related documents. After that, you have to fill out divorce forms. You can find out what documents are required at the clerk’s office or the official court website. Alternatively, if you don’t feel like managing paperwork yourself, you can order a whole kit of case-specific divorce papers from an online service.
3) File a Complaint for Divorce
Head to the local courthouse and file a divorce petition and other forms with the clerk’s office. Pay the filing fee, which is currently around $210.
4) Serve Divorce Papers
If a spouse is cooperative, you can serve copies of divorce documents on your own in person or by mail, ensuring the other party will sign the Acknowledgement of Service.
If there are disagreements between spouses, a petitioner should hire a sheriff or a certified process server or ask any other person over 18 to deliver documents to a respondent. If the location of a spouse is unknown, service by publication should be completed.
5) Wait for Response
A defendant has 21 days to respond to the petition. If they fail to provide an answer within the allocated period, a divorce may be finalized by default.
6) Complete Financial Disclosures
After the service process, spouses should provide each other with detailed information on their finances, such as incomes, property owned, debts, liabilities, etc.
7) Attend the Court Hearing or Get a Divorce by Stipulation
If spouses cannot settle disputes, they must visit the scheduled hearing. In the court, each spouse or their attorneys will have to present arguments and evidence supporting their positions on matters like property division, alimony, child custody, and support arrangements.
If spouses agree on all divorce issues, they can file a Sworn Stipulation for Entry of Divorce Decree and Decree of Divorce. The judge will check the documents provided, consider the decisions spouses made, and sign a final decree if the agreements reached are fair and reasonable.
Keep in mind that contested cases usually take more time and effort to finalize. Spouses may need to participate in mediation and arbitration sessions, adjust to the lawyer’s schedule, involve professional property evaluators, etc., which add up to the length of a divorce process.
Moreover, spouses with minor kids are obliged to attend parenting classes to ensure they know how to care for children when living apart.
What Benewah County Papers Do I Need to File for Divorce
A standard divorce kit consists of such forms as:
- Petition for Divorce, which is filed to start a divorce proceeding.
- Summons informing the defendant about the beginning of a divorce process.
- Family Law Case Information Sheet that provides basic details about the divorce case.
- Affidavit of Service, which shows that you have notified the other spouse that the marriage termination started.
- Degree of Divorce that specifies all the agreements made by spouses on different divorce terms.
If you have minor children, be ready to prepare additional Benewah County divorce documents on child custody, visitation rights, parental responsibilities, etc. It would also be necessary to calculate child support.
Please note that the list of forms specified is not exhaustive and will depend on details of your case.
Where to File for Divorce in Benewah County
To file your divorce, submit the papers to any Benewah County courthouse listed below.
| Court Name | Court Address | Name of Clerk | Working Hours | Phone Number |
|---|---|---|---|---|
| Benewah County District Court | 701 College Ave, St. Maries, ID 83861 | Mark Dickerson | 8:30 AM – 5:00 PM (Monday-Friday) | (208) 245-3212 |
Benewah County Divorce Lawyer vs Online Divorce
Divorcing couples usually hire attorneys because they don’t want to deal with the paperwork and other complexities of the process themselves. However, such assistance can significantly affect their budget because the overall divorce lawyer’s cost can reach $10,000 or more. For this reason, many try to settle disputes without involving attorneys and use alternative methods to prepare required papers.
One of the most advantageous options is to address an online service that specializes in divorce document preparation. Our company has years of experience in this field and will gladly provide you with a complete set of court-approved and case-specific forms for an uncontested divorce. This way, you will be able to reduce overall expenses to a court filing fee for divorce and a moderate cost for preparing paperwork.
Richard Evans is a former family law attorney and a writer on divorce-related matters. His extensive legal experience provided him with deep insights into the intricacies of divorce and helped him recognize the need for accessible advice on these issues. His articles cover a range of topics, including understanding divorce laws, navigating custody battles, and managing post-divorce finances. Through his writing, Evans applies his legal expertise to demystify the divorce process and provide practical advice for those experiencing this challenging life event.
