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Commonly Asked Questions about Idaho Legal Document Packages

Both parties have an equal right to community property and unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses. Idaho Code Section 32-712(1)(a).
Just as with an Idaho divorce, you can file for a no-fault legal separation, or a fault-based separation, although to keep the process as simple as possible, most choose the no-fault option. There is a 20-day waiting period before the Idaho court can act on your case.
You cant serve your spouse yourself; you must have someone whos at least 18 years of age and not a party to the case do it. Serving your spouse is easy when your spouse is cooperating: Have your spouse fill out an Acknowledgment of Service form and file the form with the court.
The earliest you can get your divorce decree is 21 days after you file. If you have children, it may be put on a hold for 90 days. The no-fault ground for divorce in Idaho is called irreconcilable difference. You can also divorce if living separately for at least five years.
Service is made by hand delivering to the other parent. Anyone over 18, who is not a party to the action, can do this. File completed Petition, Summons and Family Law Case Information Sheet with the Court.
Yes, in most situations, courts in Idaho divide property evenly between the two parties in a divorce. In some situations there may be extenuating circumstances where the parties involved agree to a different method of dividing assets or the courts determine that a 50/50 split would not be fair to one or both parties.
Just as with an Idaho divorce, legal separation requires the filing of paperwork. The process begins when one spouse files a petition for legal separation. This petition will provide the court with contact information, the date of your marriage, and when you began living apart.