Uncontested Divorce in Mountain Home, Idaho


Uncontested Divorces in Mountain Home, Idaho

Some states have uncontested divorces by way of state statues. Idaho does not. This means that there is only one way to get divorced in Idaho: one party files a divorce petition and serves the other party, then the other party has 20 days to file an answer or risk default, and then the parties settle the matters out of court or ask the judge to decide the issues for them.

However, this doesn’t mean that the process has to be adversarial or expensive if they parties can reach a conclusion on all issues themselves and just need assistance filing and finalizing their divorce. At Taylor Law & Mediation PLLC, this is what is referred to as an “uncontested divorce.”

An uncontested divorce occurs when:

(a) there are no disagreements between the spouses over any divorce-related issues (such as child custody and support, division of marital property or spousal support); and (b) both spouses agree to the divorce.

When the parties are in agreement, one party can contact and hire an attorney to complete the required paperwork with the other spouse. Lawyers are prohibited from representing both parties in a divorce action, but that doesn’t mean that the party hiring an attorney can’t agree to waive confidentially between themselves and their spouse or invite their spouse to visit with their lawyer at the same time they do.

How does an uncontested divorce work?

One party calls Taylor Law & Mediation PLLC and schedules a time to meet with an experienced family law attorney at a time that works for both parties. The person calling will typically become the represented party and officially hire the attorney as the client. The parties then meet with the attorney together and complete the required paperwork on the terms the parties agree. The attorney will then draft the required paperwork. The parties will review and sign the documents, which will include the petition for divorce, stipulation for entry of divorce decree, the decree of divorce, and child support calculations if necessary. The attorney will file the documents with the court. Once the divorce has been finalized with the signature of the presiding judge, both parties will receive copies of the signed order.

How long does an uncontested divorce take?

The process of completing the required paperwork can be done in around 90-120 minutes. However, Idaho statute prohibits the court from granting a divorce for 20 days after its filing. In addition, if there are children involved, the court will order the parents to attend a focus on the children class before the divorce can be granted. This class is only offered once a month in Elmore County, so this can delay the proceedings a few weeks. This class is offered weekly in Ada County and parties can ask the court to attend the course there or in another county, including in a different state, or online to speed up the process.

What are the advantages of an uncontested divorce?

Not every couple needs to hire their own attorneys and spend a lot of time and money competing the divorce process if they’ve agreed 1) they should get divorced and 2) to the terms of their divorce.

Hiring an experienced attorney to help navigate this process helps ensure that the documents are completed correctly so that the court accepts the agreement the first time. In addition, an attorney can answer your legal questions, such as calculating child support owed by either party and proper distribution of community assets and debt.

Perhaps the biggest advantage of hiring an attorney to assist you in completing this process is that one party will have an attorney of record to appear in any hearings should the court order one in your case. This typically does not happen, but can if the parties want to reach an unusual agreement and the court wants to hold a hearing on the matter before signing the decree of divorce.

What issues can be resolved in an uncontested divorce?

In theory, almost any issue can be resolved in this process as it’s not as important to what the parties agree to as it is that they agree with each other. Child custody, child support, and property and debt distribution can all be resolved in an uncontested divorce. This process is also idea for couples who have no property or children and just want to get end their marriage.

How much does an uncontested divorce cost?

Taylor Law & Mediation PLLC charges a flat fee for uncontested divorces in Mountain Home, Idaho:

$500: Parties have no children or property.

$750: Parties have children or require a complicated property settlement.

Are there any other costs?

There is a $207 filing fee to get divorced in Idaho. This amount is paid to the court and is in addition to the fee above. In addition, the court will order parents to attend a focus on the children class prior to granting a divorce between parents. This class is $50 for each parent.