Idaho is one of 5 states with relatively easy Divorce online procedures, alongside New Hampshire, Wyoming, Alaska, and South Dakota. It has one of the shortest residency requirements and waiting periods in the USA.
Although the marriage dissolution procedure in Idaho is quite similar to those in other states, it has its unique peculiarities. We’ve prepared basic information that can help spouses who agreed to take such a serious step in their lives to understand the main process and the options they have, including those offered by the World Wide Web.
Grounds for Divorce online in Idaho
To file for divorce online, spouses need to specify the reason. All 50 states, including Idaho, provide a no-fault option. It means neither spouse is blamed for the marriage breakup. However, the spouses need to convince the judge that their problems cannot be fixed.
A couple can also file for a no-fault divorce online if the spouses prove that they lived separately for at least five years.
If one of the spouse’s misconduct ruined the marriage and the other spouse wants it to be considered by the court, the divorce process becomes fault-based. In this case, the filing spouse needs to choose one of the reasons recognized by the Idaho state, which are:
adultery;
extreme cruelty;
willful desertion;
willful neglect;
habitual drunkenness for more than one year;
felony conviction;
permanent insanity.
Usually, fault-based divorce takes longer because the petitioner needs to collect and provide evidence of the spouse’s misconduct. Moreover, such a proceeding is often contested, which leads to a higher cost of divorce.
Contested and Uncontested Divorce
Almost every marital breakup raises a whole range of issues that need to be resolved: child custody and visitation schedules, spousal support (alimony), assets and property division, etc. Depending on whether the spouses can or can’t agree on all possible issues, the dissolution of marriage can be divided into contested and uncontested.
A contested type is when spouses have disputes on one, several, or all aspects of divorce. Such proceedings require court and legal intervention. The contested process lasts longer and is more expensive because it requires more legal paperwork and hiring a lawyer. Additionally, court fees оcan be higher than for uncontested cases.
If neither side wants to dispute the grounds, and the parties reach an agreement on all issues, especially regarding children and finances, they can file for an uncontested divorce. It’s a relatively fast and affordable way to end the marriage since all matters can be discussed without an attorney. Additionally, it’s a chance for couples to avoid lengthy court battles and maintain normal human relations.
Getting a Divorce: How to Do It in Idaho
Regardless of the divorce type, the spouses’ first step is to meet Idaho residency requirements. The law requires either party to reside in the state for six weeks before filing for divorce. Once this requirement is met, spouses can go to the next steps.