One of the first stages of Idaho uncontested divorce is preparing the documents necessary to file with the court. Their list may differ depending on the case specifics and whether a couple has minor children. In this article, we will provide information about some divorce forms needed in most cases and links for their free download.
Forms for Uncontested Divorce in Idaho with No Children
If you and your spouse have no disagreements regarding divorce issues and there are no minor children involved, you need to prepare the following Idaho divorce forms:
- Petition for Divorce with no Children (CAO D 1-6). It is used to initiate a divorce process and contains basic information about a petitioner and a respondent, their place of residence, details about marriage, grounds for divorce, property, etc.
- Family Law Case Information Sheet (CAO FL 1-1). This form indicates the type of case and provides information about spouses and children, if any.
- Summons (CAO FL 1-3). This document informs a defendant that the other spouse has filed for divorce and provides instructions on how to proceed.
- Acknowledgment of Service by Defendant (CAO FL 2-1). It is used when a defendant voluntarily refuses to be served.
- Affidavit of Service with Orders (CAO FL 2-2). This form is prepared by a plaintiff and then completed by a sheriff or private server to confirm that the defendant has been served.
This list of forms is not final since it can vary for each particular case. Before starting the paperwork preparation, it is best to check in advance which documents you will need.
Forms for Uncontested Divorce in Idaho with Children
If you have minor children, the list of legal forms for divorce will be expanded. It will include the paperwork on child custody, support, and visitation.
To file an uncontested with children, you need to prepare:
- Petition for Divorce with Children (CAO D 1-5) to indicate the information about the parties, their children, marriage, and grounds for divorce.
- Family Law Case Information Sheet (CAO FL 1-1) clarifying spouses’ and children’s data.
- Affidavit Verifying Income (CAO FL 1-11), where you list gross income and deductions from the gross income of both spouses.
- Standard Child Support Worksheet (CAO FL 1-13) that is necessary to determine the child support expenses.
- Idaho Parenting Plan (CAO FL-3), where the visitation schedule and responsibilities regarding child custody are indicated.
In addition to these child-related forms, spouses will need similar documents as in cases without kids. These will be Summons, Acknowledgment of Service by Defendant, Affidavit of Service with Orders, etc.
Filing Your Paperwork
Before you file for divorce in Idaho, you need to check if you meet the state residency requirements and if paperwork is in order. Besides, find out in advance which court you should go to.
Here are some basic rules for submitting forms:
- You need to file Idaho divorce paperwork with the clerk’s office. If your spouse lives within the state, you should submit the petition in the county where they reside. If only you are an Idaho resident, you can file for marriage dissolution in your county.
- You will need to prepare copies of divorce documents; you can check their exact number required at the clerk’s office.
- After you submit the forms, the court clerk will review them and keep the originals. Copies will be stamped and returned; one copy will remain with you, and the other will be needed for serving your spouse.
- When filing the documents with the clerk’s office, pay the court filing fee.
- If your divorce case involves minor children, you also need to obtain an order to attend parenting classes from the clerk.
Serving Divorce Papers
Before you can set a hearing and get a divorce in Idaho, you need to serve your spouse. Who serves divorce papers in Idaho? It depends on whether the other party is cooperative or not.
If your spouse agrees with the simplified serving process, you can fill out an Acknowledgment of Service and deliver it to the other party along with the Petition, Summons, and parent workshop order if children are involved. After the respondent signs the documents, you must submit them to the court.
If the other party is not cooperative, you should hire a sheriff or a professional process server or ask someone over 18 to deliver the documents in person or mail them to a respondent. You will need to provide them with the Summons, Petition, and Affidavit of Service along with the district court form for attending a parenting class. After the defendant has been served, make sure you get a proof of service and file it with the court.
If you face any issues with document preparation, such as determining which forms are needed or filling them out according to legal requirements, you may either contact a lawyer for help, which may be pretty expensive, or turn to online divorce service. With our assistance, you can get all the necessary divorce forms for your uncontested case for a moderate flat fee. We provide only up-to-date documents needed for you to start the Idaho divorce process.
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.