What Do I Need to Know About Filing Divorce in Idaho with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Idaho Grounds for Divorce.
Because Help Yourself Divorce is a no-fault divorce service, we will prepare your divorce papers based on the no-fault grounds of “irreconcilable differences”. This means you and your spouse agree to file a no-fault divorce.
Idaho Residency Requirements.
In order to file for divorce in Idaho, you must be an Idaho resident for at least 6 weeks immediately before filing for divorce.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Idaho for at least six months and currently live in Idaho, or have lived in Idaho within six months of filing.
Filing for Divorce.
The person who files the papers (the Plaintiff) must be a resident of Idaho.
Idaho Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After filing the divorce papers with the court, you have to “serve” your spouse with a copy of the divorce papers. The way you do this is by mailing or hand-delivering the papers to your spouse. Formal service by Sheriff or process server is not required. However, your spouse must be willing to sign a document admitting receipt of the papers. Either spouse can file this form with the Court.
Waiting Period.
There is a 20 day waiting period in Idaho after filing the papers with the court before your divorce can be finalized.
Finalizing Your Divorce.
A final hearing is typically not required. The judge will review your paperwork, and usually just signs your final decree and mails it back to you. However, in some rare cases, the judge may want to speak with you and might order you and/or your spouse to appear in court.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.