Dissolution of marriage is a complicated legal procedure regulated by the state’s family law where you apply for a divorce and many other circumstances.
Since it is almost impossible to predict the length or the cost of divorce, you may feel confused trying to prepare for this significant life event.
To help you plan for your impending divorce and make it as affordable and smooth as possible, let’s consider the determining factors that affect each stage of the divorce process in Idaho.
Factors Affecting the Cost of Divorce in Idaho
Idaho Statutes provides a framework for each divorce case, establishing the legal grounds for divorce, waiting period, and specific requirements concerning property division, spousal support, child custody, etc.
Idaho Courts establish service and filing fees and court deadlines and provide specific legal form templates, varying by county.
For example, filing for divorce in Idaho, you can specify either fault-based or no-fault grounds for divorce. This choice will affect the process since the traditional grounds of adultery, cruelty, drunkenness, etc., must be proved before the court.
Due to the mandatory waiting period, the shortest possible amount of time between the service of the Petition on the respondent and the Decree of Divorce signed by the judge is 21 days. Yet, it often takes much longer to finalize a proceeding, especially if a case is contested. And consequently, the more prolonged the contested divorce (requiring multiple court hearings and meetings), the more your lawyer will bill you.
These are just a few examples of how state laws and local procedures govern divorce. However, the simpler your case is, the more opportunities to save time and money. And that’s something that you can affect.
Peaceful Divorce is in Your Best Interest
A contested divorce is litigated in court because the spouses cannot agree on the essential terms of their separation (property and child-related issues, alimony, etc.) independently. Such cases are not recommended to handle without an attorney, as they are typically complex and involve a severe conflict of interest between the parties. Thus, contested divorces generally are relatively expensive as they take a long time, and most lawyers charge by the hour.
In contrast, if the spouses are ready to cooperate and resolve the issues related to their marriage out of court, they just have to sign an Idaho marital settlement agreement and submit it to the court. Moreover, in an uncontested divorce in Idaho, the spouses usually receive a copy of their divorce decree in the mail. In some cases, when the judge requires a hearing for any reason, it is still a brief formal procedure, totally different from divorce litigation.
Almost any uncontested divorce in Idaho and anywhere in the U.S. includes the following stages:
- The spouse initiating the case (the petitioner) fills out the divorce papers.
- The petitioner can file the completed forms and documents in person at the court or file an application for divorce online (through the Idaho eFiling System).
- The court accepts the papers.
- The petitioner provides the other side, the respondent, with copies of the petition and summons following the Idaho Rules of Civil Procedure. This is called the service of process.
- The respondent signs the required divorce forms.
- The couple files the Idaho Marital Settlement Agreement with the court.
- The divorce is finalized – no less than 20 days later, the court can grant a final entry of divorce. In some cases, a final hearing can be scheduled.
Filing for an uncontested divorce, the spouses freely choose methods and tools for arranging their separation, and they do not necessarily have to retain high-priced attorneys. Since their main aim is to reach an agreement, they can use alternative dispute resolution (ADR) methods. The most common non-adversarial procedures include:
- Divorce mediation
Mediation is a voluntary dispute resolution process in which a neutral third party (a mediator) guides the spouses through negotiation and helps them reach mutually beneficial agreements.
- Collaborative divorce
In a collaborative divorce, the parties also try to settle their differences peacefully. Even though each spouse has their separate attorney, all the participants agree to focus on reaching mutually acceptable solutions and avoid litigation.
Besides, if you still need legal advice, you can access more affordable limited-scope representation. Also called unbundled legal services, it means that you can hire a lawyer or other specialist to handle only specific parts of the case and do the rest on your own.
Prepare for Filing Your Case
So, if both you and your spouse are willing to work together to reach an amicable settlement and save money, you can arrange a so-called do-it-yourself divorce.
DIY divorce means getting a divorce without a lawyer and taking responsibility for each of the above stages, including completing the documents.
The thing is that even the simplest divorce case requires proper paperwork. If there are any mistakes, the court may reject the papers, and the divorce will be delayed.
Fortunately, various online divorce companies help their customers who don’t want to grapple with paperwork on their own to prepare for divorce and reduce red tape.
In short, online divorce is a middle ground between a purely DIY divorce and a legally assisted process. Even though these internet divorce sites are not the same as law firms, their inexpensive services allow faster and easier preparation of divorce documents.
Typically, all you have to do is answer an online questionnaire on the website using a laptop or smartphone whenever and wherever is comfortable for you.
Based on your case details, the online divorce provider will generate and fill out all the necessary court forms for you, following all the local requirements and the case’s peculiarities.
The best online divorce assistance services ensure you receive the ready-to-file forms by email in only two days, and the court approves them.
P.S.
According to the statistics, most divorcing couples in Idaho and across the U.S. are motivated to terminate their marriage in a fast and affordable way and prefer an uncontested divorce. As a result, they tend to use alternative divorce options more often instead of retaining high-priced attorneys.
Dissolution of a marriage does not have to be full of drama anymore, and you can finally leave all the “traditional divorce” stereotypes like stressful litigation, growing hostility, and huge legal expenses behind.
