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Commonly Asked Questions about Idaho Legal Documents

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.
A paper is served under this rule by: (A) handing it to the person; (B) leaving it: (i) at the persons office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the persons dwelling or usual place of
If you are looking for your own personal court records, please contact the clerk of the district court in the county where your case was filed.
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.
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.
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. They will give you an Order to Attend Focus on Parenting and a Joint Temporary Restraining Order (Children).
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).