Idaho Specific Legal Forms

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Commonly Asked Questions about Idaho Specific Legal Forms

What is a wife entitled to in a divorce in Idaho?

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).

How long do you have to be separated to get a divorce in Idaho?

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.

Can you file for legal separation in Idaho?

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.

Who can serve legal papers in Idaho?

Service of all process shall be made by an officer authorized by law to serve process, or by some person over the age of eighteen (18), not a party to the action.

Is Idaho a 50/50 divorce state?

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.

How to file for a legal separation in Idaho?

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.