Finding yourself facing divorce proceedings is always a difficult time, and one often fraught with painful emotions, difficult decisions, and a great deal of anxiety - even if the decision is welcomed. There are a number of areas to consider, from child custody to financial agreements, and making sure that everything is taken care of can be a real challenge. It is important that you have a qualified, experienced attorney on your side, to talk you through your options, and ensure that you reach the best possible outcome for you and your family.
Filing for divorce can be a confusing situation, and there are a number of tasks to complete - your attorney will be able to guide you through every step.
In the state of Idaho, a divorce is initiated when one spouse fills out the required paperwork, and prepares the documents to be submitted to the court. There are slightly different requirements and paperwork depending on whether there are children involved. Once the documents are completed, two copies must be made of the Petition, the Summons, and the Parenting Plan if this is applicable, as well as one copy of each Schedule, and one copy of all other documents.
The necessary paperwork is taken to a full service court assistance office, where they are reviews by an officer, and then filed with a clerk of the circuit court located in the same county as the filers residence. A fee of $207 is payable at this point - though this can be waived in certain circumstances - and the original documents are then filed with the clerk, and the copies stamped and returned to the filer. While at the court, the filer must also ask the clerk to prepare a Certificate of Divorce, and, in the event that the couple share minor children, an Order to Attend Divorce Orientation/Parenting Workshop will be issued at this point.
Once filing with the circuit court is complete, a notice of the pending divorce case must be provided to the other spouse by serving them with the necessary paperwork - this can be achieved by one of three methods:
Once papers are served, the other spouse needs to file a Family Case Response, either with or without children, within 21 days, and a copy of this must go to the spouse who originally filed for divorce. In addition, both parties must disclose their finances within 35 days after the Response is filed, and fill out paperwork related to child support if minors are involved. Once disclosures are prepared, the Certificate of Service is completed by each spouse, copies are made, and each spouse receives a copy. The original is filed with the court.
If a minor is involved, both parents must then attend a parenting workshop before the divorce can be finalized. This focuses on teaching the couple to manage their child's needs, and minimize the impact of the divorce as much as possible.
At this stage, the couple may be able to come to a mutual agreement on alimony payments, parental rights and obligations, division of the assets, and any other relevant issues. If terms cannot be agreed, a mediator should be used, or the case may need to go to trial.
There are a number of documents which must then be submitted to the court:
Three copies of each must be made, and both the originals and copies submitted to the court. The filer must also provide:
The judge will then decide whether to approve the request to divorce - if successful, both partners will receive a Decree of Divorce via mail. In some cases, a hearing may be called to settle unresolved matters, and both parties will be required to appear in court.
If you find yourself facing a divorce, and are struggling to get started, get in touch today. Our experience team will handle your case with compassion and sensitivity, and ensure that you achieve the best outcome for your family.