Divorce Documents -
Ready to File:
When it's time to move on to the next chapter of our life, you can trust our experience and expertise to make the process as smooth as possible, with our without mediation. It is not necessary to pay an attorney thousands (or tens of thousands) of dollars, only to have him or her make matters worse, by unrealistically stoking your expectations, or writing the document in a manner designed to needlessly provoke your spouse into contesting your proposed terms. If you are willing to be fair and reasonable, your divorce can be accomplished in as few as 3 to 4 weeks. If you and your spouse are currently in, or can come to, complete agreement, then the divorce can likely be completed without having to attend a court hearing. Also, if you have a mediation agreement we can prepare the legal documents to incorporate it into a divorce filing with the court.
Idaho Residency Required
The process begins when either spouse files a petition (request) for separation, which provides the court with information like your name, date of your wedding, when you began living apart, and address. You will also need to meet the state's residency requirement, meaning at least one spouse has lived in Idaho for a minimum of six weeks before filing for separation.
Our Divorce Package
For users of this website, our program begins with your purchase of our divorce form "package" (see "Buy Now" button on the right hand side of this page); we send you a Divorce Questionnaire, requesting each party's individual statistical information, as well as other relevant information. We will then customize a divorce Petition stating exactly what you would like to propose. Please be aware that if you have any minor children, the court will not allow you to propose a specific child support amount, or agree to no child support, unless such support amount is the recommended support amount determined using the Idaho Child Support Guidelines. We will calculate and provide you with copies of the appropriate child support calculations. We can also show you which decisions or facts will adjust the amount.
Idaho "No Fault" Divorce
In a divorce, couples must provide the court with a legal reason—or grounds—for the request. Idaho law permits parties to file for a no-fault or fault-based divorce. No-fault is appropriate for couples who wish to keep the process as simple as possible, and you can achieve this by telling the court that your relationship has suffered irreconcilable differences, which means you and your spouse are currently unable to repair your relationship. If you'd like to blame your spouse, you can prove to the court one of the seven available grounds in Idaho.
There is a 21-day waiting period before the court can act on your case. During this time, your spouse has a chance to file his/her own document contesting any of the terms that you proposed, and may file his or her own documents requesting different terms. If you can't agree on any issue, the court will decide for you.
Fees and Expenses:
Divorce Pkg - no children - . . . . . . . . . . . . . . . $ 250.00
Divorce Pkg - no children - w/Mediation Agmt . . $ 250.00
Divorce Pkg - w/children . . . . . . . . . . . . . . . . . $ 350.00
Divorce Pkg - w/children & Mediation Agmt. . . . $ 350.00
Divorce Reply & Counterclaim . . . . . . . . . . . . . . $ 350.00
Court Filing Fees:
Petition for Divorce (a/o 07/01/2022) . . . . . . . . . $ 207.00
Reply to Petition for Divorce (a/o 07/01/2022) . .$ 136.00
Is Legal Separation
Possible in Idaho?
Yes. Legal separation (or separate maintenance) is available to couples in Idaho. The process begins when either spouse files a petition (request) for separation, which provides the court with information like your name, date of your wedding, when you began living apart, and address. You will also need to meet the state's residency requirement, meaning at least one spouse has lived in Idaho for a minimum of six weeks before filing for separation.
Why Do Couples Choose Separation?
Relationships are complicated and deeply personal, and that doesn't change when couples consider divorce. Only the individuals involved in the relationship can decide which legal process is right for them. With that said, some couples choose legal separation to maintain health or tax benefits that terminate after a divorce. Others may believe there's a chance for reconciliation, and divorce is too permanent of an option.
Although every couple is different, some of the most common reasons for choosing a legal separation instead of divorce include:
religious, social, or moral objections to divorce
separation allows couples to keep valuable benefits, like social security or military benefits
a trial run for divorce, and
the couple isn't on the same page regarding their relationship, and legal separation is a compromise both spouses will approve.
Is There a Difference Between
Divorce and Separation?
Yes. The divorce process begins when one spouse files a petition (request) to terminate the marriage. During a divorce, the couple will negotiate how to resolve child custody, child support, spousal support, and property division issues. If the couple can't agree, the court will decide using state-specific methods. In the end, the court will approve the couple's agreement, or create its own, and terminate the couple's marriage. Each spouse is free to remarry if they choose.
Legal separation is like divorce in that couples can use the process to decide the same divorce-related issues, but in the end, the parties are still legally married. Separation allows spouses to live as though they are unmarried. For example, you can create or terminate contracts as an individual, or you can sell or buy property in your name. However, if you'd like to remarry, you'll need first to ask the court to convert your separation into a divorce.
Separation is not Permanent
Legal separation in Idaho isn't permanent, which means either party can terminate the agreement and file for divorce at any time, and the court will then merge the separation agreement into the final divorce judgment. On the other hand, if you've worked through your differences and would like to reconcile, you can resume cohabitating and ask the court to vacate (terminate) your separation.
Contact Us Online
Send us a quick message, indicating the nature of your legal matter or questions. We can't give actual legal advice, but we can give you legal information (which is not the same as legal advice), and we can provide court-ready legal documents. As soon as we receive your contact information, we will send you a Questionnaire, tailored to your specific legal matter, to elicit information necessary to prepare documents for you.