CAO D Inst 1-1 Filing for Divorce

Idaho Divorce Instructions.pdf Use this instructional guide when filing for divorce in the State of Idaho.Download

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CAO D INSTRUCTION  1 -1  	
Summary of Steps  
 
Step 1:  Talk to an Attorney, if Possible  
Step 2:  Obtain and Complete the Required Forms  
Step 3:  Make Copies and File With the Clerk  
Step 4:  Obtain Service on your Spouse 
Step 5:  Wait 20 Days  
Step 6:  Determine if a Reply is necessary  
Step 7:  Comply with Mandatory Disclosures of Information 
Step 8:  Follow Notice of Status Conference, Scheduling Order or other Court Orders  
Step  9:  Consider Negoti ation, Mediation, or other means to Settle your Case 
 
Step 1: Talk to an Attorney, if Possible.  
These instructions are not a substitute for legal advice.  The laws and court rules are complex 
and following these instructions will not guarantee you a favorable result.  We always 
recommend you talk to a lawyer about your problem before filing your paperwork.  If you cannot 
afford to hire an attorney to represent you, you may be able to pay a lawyer to give you advice 
and review your paperwork for a lesser cos t.  Contact the Idaho State Bar Lawyer Referral 
Service (208- 334-4500) for the name of an attorney in your area who will provide an initial half -
hour consultation for $35.  Contact the Court Assistance Office for information about resources 
for low -income  people, or visit the I daho Supreme Court’s  Self -Help  Center at 
http://www.courtselfhelp.idaho.gov/
.   	
 
Step 2:  Obtain and Complete the Required Forms.  
You will need to obtain the following forms to file for Divorce:  
•   Petition  for Divorce, CA O D 1 -5  (with Minor Child/ren) ; or  Petition  for Divorce CAO  D 1-6 
(No Minor Child/ren)  
•   Summons,  CAO FL 1- 3 (with Minor Child/ren)  
•   Certificate of Divorce or Annulment, HWH- 611, available from Court Clerk or at the 
Court Assistance Office, not available on- line  
•   Family Law Case Information Sheet , CAO FL 1-1 
If you have minor children of this marriage you will also need:  
•   Order to Attend Divorce Orientation/ Parenting Workshop 
•   Affidavit Verifying Income (Child Support) , CAO FL 1 -11 
•   Child Support Worksheet, CAO FL 1 -12 or 1- 13 
•   Parenting Plan,  CAO  FL-3 
 
If you do not know where your spouse lives, you will also  need:   
•   Motion  and Affidavit for Service by Publication, CAO  FLPi 1 -5   
•   Order for Service, CAO  FLPi 1-6  
•   Summons by Publication, C AO FLPi 1- 4  
•   Affidavit of Mailing  Per Order for Publication,  CAO FLPi 2 -3  
 
Complete the forms you need. At the top left -hand corner of  page 1 of each form fill in your 
name, address, telephone number , and email address (if you have one) .  Fill in the county and 
judicial district in the heading in capital letters  (for example, “IN THE DISTRICT COURT OF 
THE  FIFTH  JUDICIAL  DISTRICT IN AND FOR THE COUNTY OF CASSIA”).  Fill in your 
names in the caption (for example, " John Doe , Petitioner  vs.  Mary Doe,  Respondent ”).  Fill out

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the remainder of each individual form, providing the information requested.  If specific 
instructions are provided for a particular form, follow those instructions.   
 
The Child Support Affidavit and Worksheet can be generated for you if you use the “Support” 
software at the Court Assistance Office, some Divorce Parenting Workshops, or elsewhere.  
You will need to bring information with you about your family income, work -related childcare 
expenses, and health insurance premiums.   
 
Make 2 copies of the Parenting Plan  so you can attach one to your Petition , and have the 
original to attach to the decree.  
 
Step 3: Make Copies and File with the Clerk.  
Assemble the forms following the instructions with the Petition .  Make two copies of each 
completed set of CAO  forms.  (You will not need copies of the Certificate of Divorce nor of the 
Family Law Case Infor mation Sheet.)  Place the copies underneath each original.     
Go to the window in the Clerk's Office.   Give the Clerk the following:  
* Filing fee ( visit	
 http://www.courtselfhelp.idaho.gov/filingfees	 for current filing fees ), or a 	
“ Motion and Affidavit  for Fee Waiver,  CAO  FW 1-9” , and the original and a copy of a 
proposed  “Order Re: Fee Waiver, FW  1 -10” . 	
  *The completed originals and copies of the your forms.   
If you have minor children of this marriage the Clerk will give you an Order to Attend a 
parenting program, which may be called “Divorce Orientation”, “Mediation Orientation” or 
“Parenting Workshop”, depending on the district you are in.  You will need to serve this Order 
on your spouse, along with the Summons and Petition .  Once your case has been filed, the  
Clerk will “conform”  your copies by stamping and dating them.  This will save you paying $1.00 
per page for copies of these documents from the court file later on, and will provide proof of the 
filing of the documents in case they become misplaced from the court file.  The Cl erk will hand 
you the Original Summons and the conformed copies of the Petition  packet and Summons.   
 
Step 4: Obtain Service on Your Spouse.  
You now need to serve the Summons, Petition  (with attachments ), (and order to attend 
parenting workshop, if applicable) on your spouse.  There are three different ways you can do 
this.  You only need to serve your spouse one  of these ways.   	
A.  If your spouse will cooperate by accepting service:  	
1.  Fill out an Acknowledgment of Service,  form  CAO  FL 2-1 , and make two 
  copies.  
2.  Take or mail to your spouse the original and one copy of the Acknowledgment of 
Service , a conformed copy of the Petition , and a conformed copy of the Summons 
(and parent workshop order, if any).  
3.  Have your spouse sign  and date the original Acknowledgment of Service.  
4.  Have your spouse return to you the original Acknowledgment of Service.   Your 
spouse is to keep the copy of the Acknowledgment of Service, the conformed copy 
of the Petition , and the conformed copy of the Summons . 
5.  Take the original and your copy of the Acknowledgment of Service, plus the original 
Summons  back to the Clerk at the courthouse.  Ask to have your copy  of the 
Acknowledgment of Service  conformed, the conformed copy will then be returned to 
you.  The Clerk will keep and file the original Summons   and  Acknowledgment of 
Service.

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B.  If your spouse will not  cooperate:  	
1. Deliver or mail the original Summons plus a copy of the Summons , a copy of the 
Petition  and an original Affidavit of Service  to a sheriff, professional process server 
or other person over 18 in the county where your spouse lives, who will serve the 
papers.   The sheriff or professional process server will need a letter stating where 
your spouse can be served, a description or photograph of your spouse, a 
description of the vehicle your spouse usually drives, and any other information that 
may help the proces s server locate and identify your spouse.  
2.  If using the sheriff or a professional process server, call first to find out what they 
charge for serving a Summons and Petition  in a divorce case, and include a money 
order or check for the correct amount when you send the papers.  
3.  The person who serves the forms will send the completed Affidavit of Service  back 
to you with the original Summons.   You should make a copy of the Af fidavit of 
Service  for yourself, file the original Affidavit of Service  and the original Summons 
with the Court and have your copy of the Affidavit of Service conformed.  
 	
C.  If you do not know  where your spouse is : 	
There are separate instructions and forms for Service By Publication,  CAO  FL 
Instruction  1-4 .  Follow those instructions.   
 
Step 5: Wait 20 Days.  
Idaho has a mandatory 20- day waiting period between the time your spouse was served  and 
the time you finalize your divorce if your divorce is entered by default. For this  purpose, the date 
your spouse was served was either 1) the date s/he signed the acknowledgment of service 
form, or 2) the date the process server delivered the papers to your spouse,  3) the last date the 
papers were published in a newspaper.  If you have minor children, you will need to attend the 
court’s Parenting Workshop (called “Divorce Orientation” or “Mediation Orientation” in some 
districts) before you can finalize your divorce.  The twenty -day waiting period and  attendance at  
the parenting workshop (if applicable) are required for you to obtain a default divorce even if 
you  and your  spouse agree on all the issues in your divorce.   
 
If your spouse does not respond  to the court in writing within 20 days of recei ving service, you 
may finalize your divorce by default  (see  Finalizing Divorce By Default, CAO  D Instruction  7-1 ).   
 
If your spouse does respond in writing, follow the steps below:  
 
Step 6: Determine if a Reply is Necessary.  
Read your spouse’s response carefully.  If the document  was a “ Response”, it is not necessary 
(or proper) for you to file a written reply.  H owever, If your spouse filed a  “ Response  And 
Counterclaim ”, you will hav e 20 days from the date the counterclaim was served ( not r eceived 
by you) to file a written reply.  If the document your spouse filed asks for something different 
from what you asked for in your Petition , it is a counterclaim even if it doesn’t say counterclaim 
in the title and you will have to prepare and file a reply.  
 	
IF YOU DO NOT  RESPOND BY THE APPROPRIATE DEADLINE, THE COURT MAY  
ENTER AN ORDER OF DEFAULT AGAINST YOU AND THE RESPONDENT  MAY RECEIVE 
EVERYTHING REQUESTED IN THE COUNTERCLAIM.

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If you agree with the Counterclaim , and do not object to the terms of the divorce proposed by 
your spouse, it is not necessary for you to take any action  before the deadline. The court will 
send you a  copy of the divorce Decree after it has been entered.  But if you disagree, or are 
unsure about any of the allegations or terms in the counterclaim, you should consult an attorney  
as soon  as possible to learn what your rights are and what course of action  to take.  
 
If you will be unable to see an attorney before the 20- day deadline, you may want to file a Reply 
to Counterclaim, CAO  Cv  3 -5 .  This will at least prevent the entry of an Order of Default against 
you.  Make two copies of your reply, file the original with the court clerk, and mail, fax or hand-
deliver a copy to the Respondent  or the Respondent 's attorney at the address in the upper left 
corner  of the first page of the Response  and Counterclaim.  Be sure to complete the certificate 
of service at the end of the Reply form.   
 
Step  7.  Comply with Mandatory Disclosures of Information 
Child Support  
•   If either party has requested a change to child support, you have to provide income 
information to the other party within 35 days from the day they filed the response.  This 
will include tax returns, W -2 forms, and many other forms, s ee Instruction CAO FL Inst  
5 -1  for further details and use form s CAO FL Pi 5 -1  Petitioner’s/Respondent’s 
Mandatory Child Support Disclosures and CAO Cv Pi 4 -5 Certificate of Service.  
 
   Property and Debts  
•   If the other party  disagrees in any way on the division  of property and/or debts, you must 
both provide each other with specific property and/or  debt information.  You must do 
this within 35 days from the date that they filed a response.  Use forms CAO RFLPPi 1 -
2 Inventory of Property and Debts and CAO Cv Pi 4 -5  Certificate of Service.  
 
Step  8: Follow Notice of Status Conference, Scheduling Order or Other Court Orders.  
Ordinarily, you will have a trial within six months if a Response  or Response  and Counterclaim 
have been filed. In the meantime, you will receive various notices and orders from the court 
concerning your divorce. If you have minor children, you will have already been served with an 
order to attend a parenting class.  Other important papers you will receive may include Notice of 
Status Conference or Pre- trial Conference, Scheduling Order, or a Notice of Trial Setting. Read 
all court notices and orders carefully, and note the deadlines and hearing dates contained in 
them.  Failure to meet court deadlines or to appear at scheduled conferences, hearings 
or at trial may result in punishment for contempt of court or in other sanctions.  Such 
failure may also cause you to lose all or part of your case.  
 
Step  9: Consider Negotiation, Mediation, or Other Means to Settle Your Case.  
The overwhelming majority of civil cases, including divorce cases, settle before trial.  You 
should attempt to settle your case with your spouse.  You can discuss settlement in person w ith 
your spouse or his/her attorney, or you may submit a written settlement offer to your spouse or 
your spouse’s attorney.  You might also consider mediation.  Mediation is a process in which a 
neutral third party (called a mediator) assists the parties i n settlement negotiations.  Mediation 
is often successful in resolving disputes concerning property and debt division, parenting 
schedules or child support.  Your attorney, the court clerk or court assistance officer can give 
you a list of local mediators and more information about the mediation process.

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There are other alternative means to settle your case without trial.  These include arbitration 
and appointment of a special master.  If negotiation or mediation does not resolve your case, 
you should consult an attorney about these alternative dispute resolution mechanisms.  
 
If you do settle your case  before trial follow CAO  D  Instruction  6-1 , Finalizing Divorce by 
Stipulation and  complete Sworn Stipulation For Entry Of Decree Of Divorce, CAO D 6 -8 .  Fill 
out an appropriate Decree of Divorce,  CAO  D 8-1 (if you have minor children) ; or  Decree of 
Divorce CAO D  8 -3 (no children).  You and your spouse must sign the Decree of Divorce to 
indicate that it’s the one you want the judge to sign.  There is room  for this after the Clerk's 
Certificate of Service.  Follow the detailed instructions for completing the Decree form.  If you 
have children complete the Child Support Transmittal, CSS 809 .  You will need to ask the court 
clerk or court assistance officer w hether a hearing will be required by your judge.     
 
If your case does not settle before trial, see “Guidelines for Courtroom Behavior”, CAO Cv 
Instruction 4-1, for general information on how to proceed.  The trial will be conducted 
according to formal rules of evidence and procedure, so you should consult an attorney 
as to how to comply with those evidentiary and procedural rules and requirements.  
 
For further information, please ask to see the video “The Idaho State Court System: Family 
Law ” at your Court Assistance Office or public library.