Uncontested Divorce in Idaho

Divorce proceeding not only increases the divorcing couple’s emotional turmoil, but also weakens them financially. Due to this nature of a divorce proceeding, it is obviously helpful for both divorcing partners if they resolve their differences and apply for an uncontested divorce.

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 regarding the major issues of divorce. 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.
• The future of the children of the divorcing parties does not rest in the hands of the Judge.

However, it is observed that in many cases, divorcing couple disagree regarding alimony, property distribution etc. Consequently, they spend a large amount of money in fighting over these issues. Thus, regardless of who wins a particular agreement, both definitely get less money, than they would have if they had opted for an uncontested divorce.

Characteristics of Uncontested divorce in Idaho

• This type of divorce is not advisable when there is a history of domestic violence in the marital life.
• If the divorcing parties are cooperative towards each other, they can make best use of this sort of divorce.
• 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.

Grounds of Uncontested Divorce in Idaho

Fault grounds

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

No-fault grounds

• Residing separate and apart for duration of minimum 5 years in the absence of cohabitation.
• Irreconcilable differences.

Residency requirements of Idaho divorce

The divorcing partner who files the complaint or against whom the complaint is filed should be a bonafide resident of Idaho for a period of 6 weeks before the filing of the divorce complaint. 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 an address 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.

Divorce Papers