Uncontested Divorce in Idaho

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Divorce is a hectic process. While going through this process, many times an individual loses his ability to maintain his normal lifestyle. Courtroom proceedings not only increase the divorcing couple's emotional turmoil, but also weaken them financially. Many couples realize this reality and look for ways that will help them to de-stress and relieve themselves of the divorce worries to a great extent. One of the ways to ease this pressure is to resolve their differences through mutual consent and apply for an uncontested divorce. The state of Idaho also offers provisions for such type of divorces. A divorcing couple must abide by all the state laws and meet the requirements in order to get a successful uncontested divorce in Idaho.

What does an uncontested divorce mean?

A divorce that is resolved without any contest and out of court is termed as an "uncontested divorce". It takes place when the divorcing parties have reached a consensus to solve the major issues of divorce regarding alimony, property distribution etc. This type of divorce is a wise course of action due to the following reasons-

• The divorcing parties need not decrease their assets by handing over huge fees to the divorce attorneys
• They need not continue their fights over several issues for weeks or months as it is in the case of a contested divorce
• The future of the children of the divorcing parties does not rest in the hands of the Judge

Some basic information regarding grounds, residency criteria and essential forms required in an Idaho divorce is mentioned below-

Grounds of Uncontested Divorce in Idaho

Fault grounds

• Insanity
• Felony conviction
• Habitual intemperance
• Willful neglect
• Willful desertion
• Extreme cruelty
• Adultery

No-fault grounds

• The divorcing partners should reside separate and apart for a minimum duration of five years in the absence of cohabitation
• Irreconcilable differences

Residency requirements and Venue of Idaho uncontested divorce

The divorcing partner who files the complaint or the person against whom the complaint is filed should be a resident of Idaho for a period of 6 weeks continuously before the filing of a divorce petition. This point must be stated in the complaint and evidence for the same must be furnished at the final hearing. For example, a driver's license may be shown.

The county in Idaho wherein the divorce complaint is to be filed can be selected as follows-

• The county of the Petitioner, if the Respondent resides outside this state, or
• The county where the Petitioner and the spouse used to reside when they separated, or
• The county of the Respondent

The Petitioner or the Respondent must have a place of residence in this state in the county where the divorce complaint is filed. If the civilian residents of this state are residing overseas, they are free to file in this state, only if they have retained their residency in the state.

Essential forms

A divorcing couple needs to file the following forms in the county's clerk office-

• Complaint for Divorce
• Summons
• Family Law Case Information Sheet
• Certificate of Divorce or Annulment

If the divorcing couple has children, they need to file the following documents along with the above-mentioned forms-

• Order with an aim to attend Divorce Orientation
• Parenting Plan
• Child Support Affidavit
• Child support worksheet

Waiting Period

Once you file the essential forms, you should serve your partner with the divorce papers. You have to wait for a minimum of twenty days from the time of serving the divorcing papers till the time the judge grants the divorce.

General Characteristics of an Uncontested divorce in Idaho

• This type of divorce is not advisable when there is a history of domestic violence in the marital life
• This is a confidential type of divorce. All negotiations and disclosures between the parties are known only to the divorcing parties. This is a huge advantage of uncontested divorce over contested ones
• Such a divorce encourages a civil relation after the divorce is granted. Due to this, the divorced couple can raise their children in a better manner post-divorce
• The divorcing parties are not coerced to adhere to a decision taken by the Judge. The divorcing couple can retain control of their own futures
• As compared to a contested divorce, an uncontested one is cheaper and quicker. In the first case, regardless of who wins a particular agreement, both parties definitely get less money than they would have if they had opted for an uncontested divorce

Even if a couple chooses an uncontested divorce in Idaho, it is necessary that they co-operate with each other. Otherwise their divorce may turn to be the worst experience of their life leaving its traces on the minds of the partners and their children.

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