Idaho Divorce Steps

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Idaho Divorce Steps regarding filing of documents

  • Documents that are essential in each divorce case are a Complaint for divorce and Summons
  • Documents that are necessary when the divorcing partners have children (less than 18 years of age) are the Affidavit Verifying Income and Child Support Worksheet
  • The court clerk does not accept handwritten documents. Hence, these must be typed
  • The Petitioner must sign the Complaint for divorce and the Affidavit Verifying Income in front of a notary public
  • There must be 2 copies of the each document
  • The Petitioner must carry all the original documents, their copies and the filing fee while approaching the court clerk
  • The court clerk attaches the following documents to the original Summons and 2 copies of the Summons
    • Joint Preliminary Injunction
    • Order to Attend Divorcing Parents Class (if the divorcing couple has children less than 18 years)
  • Except the original Summons, the court clerk retains all the original copies
  • The court clerk hands over the original Summons, all the conformed copies and a receipt of the filing fee to the Petitioner
  • Now the Petitioner must demand the following documents to the court clerk
    • A Certificate of Divorce Form
    • Child Support Order Transmittal form (if the divorcing couple has children less than 18 years)

Idaho Divorce Steps regarding scheduling the default divorce hearing

If the Respondent does not file an Answer, the Petitioner should schedule a default divorce hearing.

  • The first divorce step is to wait as per the following rules
    • For 20 days after (and not counting) the date the Respondent was served with the Complaint and Summons, OR
    • For 20 days after (and not counting) the date the Respondent signed the Admission of Service
  • The Petitioner must fill the below mentioned documents
    • Decree of Divorce and Order of Default (with the exception of the signature of the judge)
    • Motion and Affidavit for Default
    • Certificate of Divorce (On the top, Numbers 1 through 13; On the bottom, Numbers 22a through 26b)
  • If the divorcing couple has children less than 18 years of age, then the following documents must also be filled
    • Child Support Order Transmittal Form
    • Child Support Worksheet (Standard Custody or Shared / Split Custody)
    • Affidavit Verifying Income
  • All the above documents must be signed and notarized. The Petitioner must prepare some copies of these
  • The Petitioner must prepare 2 legal size envelopes. One of these should bear the address of the Petitioner while the other, the address of the Respondent
  • The following must be submitted to the court clerk
    • Child Support Order Transmittal Form (if applicable)
    • Child Support Worksheet and one copy (if applicable)
    • Original Affidavit Verifying Income and one copy (if applicable)
    • Two stamped and addressed envelopes
    • Certificate of Divorce
    • Original Decree of Divorce and 2 copies
    • Original Order of Default and 1 copy
    • Original Motion and Affidavit for Default and 1 copy
  • The Petitioner must request the clerk of the court to conform the following copies and then the conformed copies must be placed in the Petitioner's personal file
    • Child Support Worksheet (if applicable)
    • Affidavit Verifying Income (if applicable)
    • Motion and Affidavit for Default

Now, the Petitioner must ask the clerk of the court to schedule the default divorce hearing.

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