Idaho Marital Settlement (Divorce) Agreement Form [PDF]

The Idaho marital settlement agreement form is a legal document that married couples who are seeking divorce create in order to outline the terms and conditions of their separation.

The main purpose of this document is to formalize an agreement between the spouses regarding divorce-related matters. This can include matters like the division of marital property, child custody, alimony, and more. Additionally, the marital settlement agreement provides structure and clarity to the divorce process and helps minimize disputes.

Divorce Forms

The divorce forms in Idaho must be filed with the District Court. A filing fee usually starts at around $200. The waiting period can be from 30 to 90 days, depending on the circumstances.

Divorce Laws and Legal Requirements in Idaho

The divorce laws and legal requirements in Idaho provide guidelines for married couples on how to keep their divorce settlement agreement in accordance with state laws.

How to File For a Divorce in Idaho in 8 Steps

Before making a decision to file for divorce, married couples should first understand the steps involved in this process to ensure everything goes as smoothly as possible.

#1. Fill out the Divorce Form

To start the divorce process, the spouse must fill out the divorce papers and submit them to the court. Spouses without children have an easier task—they just need to file a Petition for Divorce, Summons, and Family Law Case Information Sheet.

However, spouses with children should provide additional documents that cover child-related matters. A parenting plan, Affidavit Verifying Income, and Standard Child Support Worksheet are needed to assure the court that child-related matters are properly addressed.

All documents must be gathered, reviewed, copied, and filed with the court clerk, who will keep the originals, stamp the copies, and return them to the filer.

#2. Notify Other Spouse

After filing for divorce, the petitioner must inform the other spouse of the divorce process, and to do that, the petitioner must serve the divorce papers to the defender. This can be done in person or by mail.

In both cases, the defender must sign the Acknowledgement of Service in front of the notary public and give it back to the petitioner, who will file it with the court. The petitioner could send divorce papers via a third-party service as well.

In this instance, the sheriff, a private server, or any person who is at least 18 years old will serve the papers.

#3. Respond to Petition

The defendant now must provide an answer in 21 days by using Family Case Response (Without Children) or Family Case Response (With Children). If the defendant makes no divorce complaints, then the process called uncontested divorce will start.

However, if spouses cannot agree on all matters related to the divorce process, then a contested divorce process will start, and the judge will have to decide what is in the best interest of both spouses.

Finally, each spouse should disclose their finances using the Inventory of Property and Debts and fill out the Mandatory Child Support Disclosure.

#4. Attend Parenting Class

Before filing for divorce with the court, spouses with minor children are required to participate in a parenting workshop. The couple will learn how to handle their children's demands through the parenting program, which will also help to lessen the negative effects of the divorce.

All information about parenting classes, along with a list of approved parenting programs, can be found in a local courthouse or online on the court’s website.

#5. Draft Settlement Agreement

The divorce settlement agreement needs to be drafted so that spouses can skip the trial and enter the uncontested divorce process in general. Spouses can also save on legal fees if they take the marital settlement agreement template and fill it out themselves.

A settlement agreement covers all matters important for the divorce process; therefore, every term agreed to in the document can be used in a divorce decree. If an agreement cannot be reached, a mediator could be hired to help in negotiations.

#6. Submit Additional Paperwork

Here is some of the additional paperwork that might be needed depending on the circumstances or specific county’s requirements:

• Stipulation for Entry of Decree of Divorce

• Decree of Divorce (Without Children)

• Decree of Divorce (With Children)

• Child Support Order Summary Form

At least three copies of each document should be made, and all originals and copies must be filed with the court. The divorce settlement agreement and “Certificate of Divorce” should also be submitted along with two addressed and stamped envelopes.

#7. Finalize Divorce

With all the documents submitted, the judge will now review the case and make a decision. In case there are some unresolved issues, the court will schedule a hearing and inform spouses of the date and time.

If everything is in order, then the judge will grant the divorce, and each spouse will receive a “Decree of Divorce” in the mail. If one party disagrees with the decision of the court, they may file an appeal and state their disagreement.

#8. Change Your Name

Once the divorce is finalized, the party who requested the name change should acquire a copy of the divorce decree because it will be used as legal proof for the name change process. First, personal documents should be updated, including an ID card, passport, or driver’s license.

Next, public records should be updated, like bank statements, utility bills, and contracts. Each institution might have its own process for name change, so specific instructions should be followed. Finally, family and friends should be informed of the change.