Step 3: Uncontested or contested Idaho divorce?
Contested Divorce (Spouses Disagree)
A contested divorce is when your spouse and you are unable to come to an agreement on any of the issues like:
- Division and distribution of marital property and debts
- Child custody, child visitation and where the children will live
- Child support, medical expenses, health and dental insurance for the children
- Grounds for your divorce or
- Any other issues or disputes related to your marriage
In the case of a contested divorce, you will have to go to court, where all the issues regarding your divorce will be presented to the judge who will take decisions on the various issues. Both your spouse and you need to hire a lawyer to represent your case in court, provide witnesses, offer resolutions for various issues so that your interests are protected.
Uncontested Divorce (Spouse Agree)
In Idaho, there are 2 types of uncontested divorces – divorce by stipulation and divorce by default. Irrespective of whether you have children from the marriage or not, both types of divorce options are available.
Divorce by Default
In this type of divorce, the petitioner files the divorce complaint and serves the other spouse; however, the respondent has not filed a response within 20 days i.e. the respondent has defaulted and loses his/her right to be heard because they have not responded within the required time period. If it is over 20 days, then you can finalize the divorce without any response from the respondent.
Divorce by Stipulation
In this type of divorce, both parties mutually agree on all the terms of the divorce and are ready to request the judge to finalize the divorce. This type of divorce is faster and cheaper and there is no need for your case to go to court before a judge.
You will be eligible for a divorce in Idaho only if you satisfy the residency requirements and you should be residing in Idaho for a minimum of 6 weeks before you file for a divorce. Apart from this, you also need to give the court a reason or “grounds” for the divorce.
In a default divorce, the grounds for the divorce does not matter; however, in the case of a divorce by stipulation, your spouse and you must be in agreement about the reason why your marriage has ended. And, the most common reason used is “irreconcilable differences” which have caused the marriage to break down irretrievably and it cannot be saved.