A family attorney can help you file and follow through with your uncontested divorce
A family attorney in Boise and Nampa ID can help you handle your uncontested divorce. In an uncontested divorce, also known as a “divorce by stipulation” in Idaho, both parties have agreed to end their marriage. As a result, there is no need for the judge to conduct a trial. Uncontested divorces are quicker and less expensive than regular ones, and spouses can frequently employ do-it-yourself options like online divorce services. However, they also have the choice to seek out expert assistance.
Uncontested divorce explained
In Idaho, there are two types of uncontested divorces: divorce by stipulation and divorce by default. Regardless of whether you and your spouse have young children together, both alternatives are possible.
- Divorce by default: In a “divorce by default,” the petitioner (the spouse who requests the divorce) files the papers and serves them, but the respondent (the other spouse) fails to answer within the allotted 20 days (or 30 days for respondents who live outside the state). In other words, by failing to react within the allotted time, the respondent “defaults” or relinquishes their right to be heard. The petitioner can complete the divorce if the responding period has elapsed and no response has been received.
- Divorce by stipulation: When both parties have agreed to the terms of their divorce and are prepared to seek a court to grant the divorce, it is known as a divorce by stipulation. Instead of going to court and arguing in front of a judge, divorce by stipulation is speedier and less expensive. If you and your spouse disagree on any of the following, you cannot file for an uncontested divorce: child custody and visitation, including where your children will live; child support; health and dental insurance; and child medical costs; tax breaks and exemptions; division of the marital property and debts; alimony; or any other issue pertaining to your marriage.
Getting a divorce in Idaho
The only people who can divorce in Idaho are inhabitants of the state. The spouse who is seeking a divorce must have resided in Idaho for at least six weeks prior to filing. Additionally, you must provide the court with justification for issuing the divorce. Both the no-fault ground of “irreconcilable differences” and seven fault grounds for divorce are recognized in Idaho: adultery, extreme cruelty, willful desertion, intentional neglect, habitual intemperance, and permanent insanity.
Note: You and your spouse must both agree on the grounds for your divorce in order for it to be granted by stipulation.
Work with the best family attorney in Boise and Nampa ID
Uncontested divorced can be confusing, so you may need expert help to hack through. Work with the best family attorney in Boise and Nampa ID for outstanding results. Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started.