Idaho Newly Divorced Individuals Package

If you're unable to decide how to divide your assets during a divorce, the courts will do it for you. Most US states observe equitable distribution, meaning all property acquired during the marriage is divided fairly at a judge's discretion.

Since Idaho is a "Community Property" state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered "up for grabs" in the divorce will be distributed equally to each spouse.

How long does a divorce take in Idaho? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.

If you post the divorce documents, your spouse must sign and return to you the Acknowledgement of Service (Divorce) as proof of service. You will need to file this document at the court. If you post the documents but do not get the Acknowledgement of Service (Divorce), you must try to serve your spouse in another way.

Idaho is a fault and no-fault state. It is not necessary to show that either one of the parties was at fault. One statutory basis for a divorce in Idaho is that there is no reasonable likelihood that the marriage can be preserved and, therefore, the marriage is irretrievably broken.

You answer the divorce petition to let the court know your position in the divorce case.If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.

In Idaho the cost of a Pro Se divorce is the filing fees, which is $207 and any fees associated with preparing your forms and Marital Settlement Agreement (MSA). Your total cost with 3StepDivorce TM will be about $506, about half or less than what you would spend if you hired a lawyer.

Because Idaho is a community property state, there is a law that presumes when you are married that all property that you have in the marriage is owned jointly by both you and your spouse. Community property is simply that, property that is owned jointly and equally by both the husband and the wife.

Equitable distribution is a method of dividing property at the time of divorce. All states except for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin follow the principles of equitable distribution.