Idaho Divorce Forms & Papers

Divorce Papers > Idaho Divorce Forms & Papers

Idaho divorce forms and Papers should be filed keeping in mind the state laws and the filing requirements. One should adhere to the states strict guidelines for filing paper work and also submit all the necessary documents at the county where you are filing for a decree. The settlement of marital agreements is authorized by special personnel and these agreements should be presented in writing as well as notarized.

Residential requirements for dissolution of marriage:

The spouse filing for a petition to break-up the marital bonds must have been a resident of Idaho for 6 full weeks, immediately prior to filing for a decree. The petition should be filed in: 1) the county where the defendant resides; or 2) if the defendant is not a resident of Idaho, the county where the plaintiff resides or designates in the complaint. [Idaho Code, Title 5, Chapter 404; and Title 32, Chapter 701]. For more information on filing divorce see our page on Steps for Filing Divorce.

Grounds for filing a petition for dissolution of marriage:

The following are no-fault grounds for the dissolution of marriage in Idaho: 1) irreconcilable differences; and 2) living separate and apart without cohabitation for a period of 5 years. [Idaho Code, Title 32, Chapters 603, 610, and 626].

On the other hand the grounds for a fault based separation could be: 1) insanity 2) adultery 3) felony conviction 4) desertion by will 5) cruelty or inhuman treatment 6) neglect or 7) intemperance.

Most spouses prefer to file a decree on a no-fault ground as this avoids further hassles of submission of proof, based on the fault, you are filing a decree. Fault based separation also involves a lot of cross questioning and digging your past nightmares that would take a toll on your mental health.

Do It Yourself Separation

If you are thinking of getting off the marital ties without any legal help, then you must be quite clear of all the legal separation laws especially for the state of Idaho. Before going for a marriage dissolution all by yourself, one should make sure that you consult a good lawyer to get all the legal procedures clear or else you would end up spending more money in the bargain.

When filing a separation, you can either do it on an agreed basis or a default basis. This is applicable, no matter on what grounds the divorce is obtained.

An agreed separation is when both the spouses agree for the divorce and sign the documents. They attend the court hearings and agree on matters pertaining, property distribution, child custody and child support. This kind of a separation is quite common because it is hassle free and requires less time to settle the matter.

A default separation on the other hand is not signed by one of the spouses. The spouse's agreement for a separation is considered by default. A default separation is usually done when a spouse is missing or does not respond to the court hearings. The division of property in such cases is decided by the court and the spouse filing for a separation, usually gets whatever is been asked.

In case of missing spouse the partner filing for the dissolution of marriage has to bear extra expenses on publishing an advertisement in a newspaper or another medium. This would stand as proof in the court to prove that various attempts to trace the spouse have been exhausted. Dissolution of marriage can be obtained in Idaho, even if a partner goes missing. One has to however be very careful while filing the documents as the state laws are quite stringent as far as submission of proof and filing of paper work in concerned. This would become more tedious if you are doing a marriage dissolution all by yourself.

USE THESE WORDS IN THE COURT DOCUMENTS FOR IDAHO

Use these exact words, all in capital letters: IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF
Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
Use the word "Plaintiff". Be sure the "P" is capitalized.
Use the word "Defendant". Be sure the "D" is capitalized.
Use these exact words, all in capital letters: DECREE OF DIVORCE
Use the word "County" here.

For detailed divorce laws in Idaho state, please see Idaho Divorce Laws page.

Free Idaho Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".