What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Idaho Divorce Records
- What Are the Residency Requirements for Divorce In Idaho?
- What Are the Grounds for Divorce in Idaho?
- How Much Does It Cost To File for Divorce in Idaho?
- How Long Is the Waiting Period for Divorce in Idaho?
- How To File for Divorce in Idaho
- Are Divorce Records Public in Idaho?
- How To Get Certified Copies of a Divorce Decree in Idaho
- Divorce Settlement: Is Idaho a 50/50 State?
- FAQs About Divorce Process In Idaho
Idaho Divorce Records
The current divorce rate in Idaho is 3.3 per 1,000 persons, which is higher than the national average of 2.4. However, these numbers are a significant reduction over the years from 5.2 per 1,000 in 2010. The reduced rate may be due to various factors, including an increasing rate of cohabitation and a deliberate approach to marriages. Local divorce rates may vary according to ethnicity as well. Considering the local population is predominantly non-Hispanic white, they may also carry the majority of statistical separations.
Divorce records are categorized into three groups in Idaho. These include the following:
- Divorce Decrees: The decree is the final decision given by the courts concerning the dissolution of the marriage. It will have details on the spousal separation arrangements and child custody details. The decree is provided by the court upon the finalization of the case.
- Divorce Case Files: These are documents generated and filed during the court proceedings. They may include motions, evidence, and rulings.
- Divorce Certificates: A divorce certificate serves as official proof that the couple is no longer married. It contains details on the parties' names, divorce dates, and locations. The Idaho Bureau of Vital Records and Health Statistics maintains divorce certificates.
What Are the Residency Requirements for Divorce In Idaho?
Per section 32-701, a divorce will not be allowed in the state unless the plaintiff has resided in Idaho for six weeks before the petition. Idaho has one of the shorter residency requirements regarding divorce. Parties that are filing for divorce must also file it with the District Courts where the other resides. If they do not reside in the state, then the petitioner will file it from the county where they reside.
What Are the Grounds for Divorce in Idaho?
In Idaho, divorce is granted for fault or no-fault grounds. Fault divorces require one of the parties to indicate that the other is the main cause of the breakdown of the relationship. A no-fault divorce type does not require a cause, so the two parties may state that the relationship is ending due to irreconcilable differences. Alternatively, one or their spouse must prove they have lived in different houses for at least five years. Parties seeking to get a fault-based divorce must have proof their spouse was the cause of the marriage dissolution. There are several valid reasons in the state, including:
- Infidelity: this is when the accused spouse has sexual intercourse with another person after they are married.
- Desertion: it happens when one of the spouses opts to leave the other unannounced and lives elsewhere without contributing to their marital household or communicating their intentions for at least a year.
- Drug dependence: when one of the spouses falls prey to alcohol or other substance abuse, they will probably be unable to sustainably contribute to the household. In such a case, the other party could file for divorce.
- Felony conviction and imprisonment: should one of the spouses be arrested and convicted of a crime, the other spouse can opt to file for a divorce especially if the court decision involves a prison sentence of more than one year.
- Mental illness: if one of the parties is proven to be mentally unstable and confined to an institution for three years, with little promise of recovery, the other has cause to file for divorce.
How Much Does It Cost To File for Divorce in Idaho?
Filing Fees
The average cost of getting a divorce in Idaho depends on complexities, including court filing and lawyer fees. If a couple has minor fees, the fee is $207, but if no children are involved, the cost is $154. There is a response fee as well, whereas the other will need to pay a response cost of $129.
Lawyer Fees
Idaho attorney fees may range from $200 to $400, depending on experience. Uncontested divorces, where each party is in agreement, will cost lower, at $1,500 to $6,000. Contested divorces are more complicated, as they require more deliberation and court time. The attorney fees in these cases range up to $30,000 or more. This is especially the case for cases involving property disputes or disagreements in child custody setups.
Mediation Fees
If the couple has disagreements concerning spousal support or child custody, they may advise the couple to seek mediation routes. The cost of mediation in Idaho depends on whether the court assigns a public mediator or allows one to use a third party. It can range from $100 to $300 and depends on the couple's required sessions.
Process Serving
Spouses are required to serve their partners upon filing the petition in court. Depending on the method used, such as a private server or sheriff, the costs range between $50 and $100.
Custody Evaluation
This is to assess a parent's capability to care for the child. Depending on the nature of the evaluation, it could cost the parent from $2,500 to $7,500.
Parenting Classes
Idaho requires parents with minor children in a dispute concerning child custody to attend a class, which typically costs around $25 to $50.
How Long Is the Waiting Period for Divorce in Idaho?
Idaho currently has a waiting period of 20 days when one of the spouses has served the other with the divorce petition. If both of them are in agreement concerning elements of child custody and spousal agreements, it can be finalized following 20 days. This is also assuming the paperwork has been done appropriately. If the divorce is being contested though it could mean an extension to the process as the couple deals with court proceedings and mediation. There are no particular exemptions, as well, which will shorten the waiting period.
How To File for Divorce in Idaho
To file for divorce, one must first meet the residency requirements. At least one of the spouses should have lived in Idaho for six weeks before the petition. Secondly, the requesting party will choose the divorce type, which is contested or uncontested. The necessary forms to file for the divorce should also be in order. Forms may be obtained from the Idaho Court Assistance Office or the local courthouse.
Some main forms include Petition for Divorce, Summon, Child Support Affidavits if applicable, and Parenting Plan. Following the filing of the completed forms at the courthouse in the county, the requester may deliver a summons to their spouse. This can be done personally to their partner or using a sheriff. Certified mail also works if allowed by the courts in the county. Provided there are no issues such as a counterclaim and a trial afterward, the divorce will be finalized provided the waiting period is complete.
Are Divorce Records Public in Idaho?
Divorce records are open for public inspection and viewing in accordance with state codes 74-101 to 126. These codes also apply to divorce decrees and case files rather than divorce certificates. Divorce certificates are only available to the parties on the record and their legal representatives. However, they are legally confidential for 50 years, so they can be accessed afterward.
Regulations on the other divorce records address public access to government records provided no exemptions exist. That said, there are exemptions to the regulation, including when disclosing the record causes privacy concerns. Any record that has details on child molestation or domestic abuse will not be available to all parties. Sensitive financial data is also barred from public discovery.
How To Get Certified Copies of a Divorce Decree in Idaho
Certified copies of divorce decrees may be accessible to specific persons. These may include the divorce parties themselves, immediate family members, and legal representatives. To obtain a copy of the divorce decree, the requester will have to visit the Idaho Department of Health and Welfare or order a copy from the institution. During the process, they will provide government-issued photo identification along with a signature.
They will also remit $16 to the institution via credit card, check, or cash, depending on the accepted form of payment. Standard orders typically take two to four weeks to process. Alternatively, one can contact the clerk of the courts where the divorce was finalized in Idaho. They can call ahead to determine the process of record acquisition and eligibility. Parties will visit the court clerk in person and remit their identification. They will also provide details of the divorce parties and the fee for the record.
Divorce Settlement: Is Idaho a 50/50 State?
Idaho is a community property state, which means that the spouses who receive property during the marriage own it 50/50. Hence, the courts are required to assign community property in a proportion that the court finds appropriate. Unless compelling reasons are aside, there has to be an equal division in value, with debts considered.
FAQs About Divorce Process In Idaho
How Do I Modify a Divorce Decree In Idaho?
Either spouse may opt to request a modification for divorce decrees. In this case, they first have to consult with a lawyer to determine if they can file for the modification. Secondly, one has to file the relevant form with the Clerk of the courts. The petitioner is required to serve their ex-spouse afterward with a summons for the modification. They will then have 21 days to respond to the summons. It is on the requesting party to present the evidence and reason for modification as well. They will also file the final forms with the clerk who will submit the documents to the judge for review.
How Do I Enforce a Divorce Decree In Idaho?
To enforce a decree, one may file a petition to enforce judgment. It may also be a motion for contempt of court issuing the original decree. This will allege that the previous partner is not adhering to the decree's terms. It will specify the violation and be complete with reliable evidence. If the ex-partner is in contempt, the court can impose a fine, a compelled action, or jail time.
What Are the Restrictions to a Divorce Decree in Idaho?
Typically, a divorce decree is considered final with minimal adjustment allowance. For example, property divisions are generally final and not subject to change unless fraud was involved in presenting evidence. Similarly, the ability to modify the terms could be limited if the divorce decree specifies a lump sum or alimony.
Can I Efile My Divorce in Idaho?
Yes, one can E-File a divorce in Idaho utilizing the Guide and File tool. Once the requesting party has e-filed it, they will get an email for each remitted document. The platform personnel will review each file and email the results. If the filing goes through, one may download their forms from the emails in 30 days.
How Do You Serve Divorce Papers in Idaho?
Persons may serve divorce papers in Idaho personally or using a proxy. This could be a professional server or a sheriff via the clerk of the courts. Depending on the approach used, this would cost an estimated $50 to $100.
Does Idaho Mandate Couples To Participate in Divorce Mediation or Counselling?
The state does not require all couples to participate in divorce mediation or counseling. However, it can order mediation, especially in cases where the couples are in dispute concerning child custody or alimony. These mediation sessions are meant to smoothen the process and reduce court battles.
How Do I Seal My Divorce Records in Idaho?
Divorce records are considered public in Idaho, provided they are not certified decrees or certificates. Individuals who want to secure other files, such as testimonies or court proceedings, may have to file a motion with the clerk of the courts where the case was heard. They will also have to provide a sufficient reason, such as a credible threat to privacy or the presence of sensitive information.
How Does Idaho Calculate Alimony?
Idaho-based courts have discretion concerning the amount of alimony to award in divorce proceedings. The courts will consider what both spouses earn to ensure the dependent one retains the same standard of living. They will also consider each spouse's age, health, and the length of the marriage. Longer marriages will result in more alimony for the dependent spouse. Child custody is also a factor, as the one with children will be awarded accordingly.
How Do I Access Historic Divorce Records in Idaho?
Interested parties may access historic divorce records from the Idaho State Archives, which allows individuals to search on-site. Alternatively, one can contact the county clerk where the divorce was issued. Record seekers should provide identification and as many details as possible concerning the divorce parties. The fee will depend on the county's jurisdiction.
