Idaho Divorce Decree Without Minor Children Form

In the case of reaching a verdict in a divorce case in the State of Idaho that doesn’t have minor children involved, the following form has to be signed by the judge.

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Completing Form D 8-3: Decree of Divorce [No Minor Children] Use This Form for a Case with No Minor Children    
In an uncontested or default divorce, the Decree of  Divorce must have exactly the same information 
as the Complaint.  You cannot change anything w ithout the agreement of the other party.  If you do 
need or want to make changes that both of you  agree upon, you can file a “Stipulation for Entry of a 
Decree of Divorce.”    
 
Exactly like you did in the Complaint, at the top left-hand corner of page 1, fill in your name, 
address and telephone number.  Fill in the county and judicial district in the heading (for 
example, “In the District Court of the  Fourth	
 Judicial District in and for the County of Ada	”).  
Fill in your full legal name in the caption above “Plaintiff”.  Fill in your spouse’s full\
 legal name 
above “Defendant”.  Fill in the Case Number.  
 
Leave the date blank in the introductory sentence.  Check either the fir\
st box if this is a default 
divorce, or the second box if you and your spouse filed a written stipul\
ation for the entry of this 
decree.   
 	
2.  Separate Property.   
•  Check the first box if you do not want a court order confirming ownership of separate 
property.   
•  If you want a court order confirming that specific separate property belongs to the Husband, 
or an order that separate property be returned to the Husband, check the\
 second box and 
describe the property in the first section of “ Exhibit A“.      
•  If you want a court order confirming that specifi c separate property belongs to the Wife, or 
an order that separate property be returned to the Wife, check the third box and describe the 
property in the first section of “ Exhibit B“.      
 
3.  Community Real Property.   
•  If you have acquired community real property during the marriage, check the box  and 
o  Fill in the residential address of the property (house number and street name),  
o  The name of the city and county  and  
o  The legal description for the property.   
•  Check one of the first three boxes to indicate what the disposition of t\
he community real 
property and any equity in the property will be, and fill in the blanks  or   
•  Check the fourth box and write in your own words how the property and an\
y equity in the 
property will be distributed. 
 
4.  Community Personal Property	.   
•  If you have not acquired any community personal property, check the first box.   or   
•  If you have already divided your community personal property and each of you have the 
property in your possession, check the second box.   and/or  
•  If there is specific property awarded to the Husband and the property is\
 already in

Husband’s possession, check the third box and list the property in th\
e second section on 
“Exhibit A ” (Husband’s property).   
•  If there is specific property awarded to the Wife and the property is already in Wife’s 
possession, check the fourth box and list the property in the second sec\
tion on “ Exhibit B” 
(Wife’s property).    
•  If there is property awarded to the Husband that is still in the possessio\
n of the Wife, check 
the third box and list the property in the third section on  “Exhibit A” (Husband’s property).  
•  If there is property awarded to the Wife that is still in the possession of the Husband, check 
the fourth box and list the property in the third section on “ Exhibit B” (Wife’s property).    
 
Note:  The Decree of Divorce can be used to transfer titles or deeds; but only if the description of 
the property is first listed in the Complaint or there is a Stipulation for Entry of Decree and the 
property description is complete	
 and accurate (example: for vehicles, all identifying information 
on the title; for real property, a legal description of the property and not just the residential 
address of the property).   
If you have listed any property on “ Exhibit A” or “Exhibit B ”, the Exhibits must be attached to 
every copy of the Decree of Divorce.    	
 
5.  Debts 
•  If there are no unpaid debts, check the first box.  or 
•  List each creditor Husband should pay; and/or   
•  List each creditor Wife should pay. 
Note:  If both of you are going to pay a part of the same debt, also put in the amount each of you 
should pay.   
 
6.  Debts Incurred Since Separation 
•  If the Decree should order that each party will assume any debt incurred by them after the 
separation date, check the box and write in the date you stopped living \
together. 
 
7.  Name Change.   
If either party wants to stop using the last 	name of the spouse and go back to using their former  last	 
name (any name legally used), fill in the name of  the person wanting the name change and fill in the 
former last name only.  (Accurate spelling is very important.) 
 
Leave the date blank.   The judge will fill in the date when s/he signs the Decree of Divorce. \
 
Clerk’s certificate of service:  Fill in name, mailing address, cit y, state and zip code for Husband 
and Wife.  Leave the date blank.  The clerk will fill it in when s/he signs th\
e certificate. 
 
Exhibits :  If you have listed property on “Exhibits A ” and/or “B”, they must also be attached to the 
Decree.   
 
Make two more copies of the Decree (total of 3) with all the Exhibits attached.

DECREE OF DIVORCE  CAO D 8-3    	PAGE 1	
 
 
 
______________________________________ 
Full Name of Party Submitting This Document 
     	
 
Mailing Address (Street or Post Office Box) 
      
 
City, State and Zip Code 
      
 
Telephone Number 
  IN THE DISTRICT COURT OF THE ___________________ JUDICIAL DISTRICT 
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _____________________ 
 
 
_____________________________________,
  Plaintiff, 
 vs. 
_____________________________________,
  Defendant. 
   
Case No.: __________________________ 
 
DECREE OF DIVORCE 
 
 	
 
 
This matter came before the court on the ________ day of _______________\
________, 
_________.  It appears from the records and files of this action that a \
Complaint was filed and 
served upon the Defendant.    [   ] Twenty (20) days have passed; the Defendant is not in the armed \
services of the 
United States of America and is not a minor nor an incompetent.  A Defau\
lt has been entered.    
or     
[   ] Defendant and Plaintiff have agreed and signed a written stipulati\
on to the entry of 
this Decree.    It appears that the allegations of the Plaintiff's Complaint are sustain\
ed and the Plaintiff 
is and was a bona fide resident of the State of Idaho and has been a res\
ident for more than six 
(6) weeks preceding the commencement of this action.  The parties do n\
ot have any minor 
children. 
  IT IS HEREBY ORDERED AND DECREED: 
  1.  The bonds of matrimony now existing between the Plaintiff and the Defe\
ndant are 
dissolved on the grounds of irreconcilable differences, and the Plaintif\
f is awarded an absolute 
decree of divorce from the Defendant.

2. Separate Property	.  (Land and/or Personal Property)  
[   ] None. 
[   ] The separate property listed on the attached “Exhibit A” is \
confirmed as the 
Husband’s separate property.  Wife is ordered to return to Husband an\
y such property in Wife’s 
possession.    [   ] The separate property listed on the attached “Exhibit B” is \
confirmed as the Wife’s 
separate property.  Husband is ordered to return to Wife any such proper\
ty in Husband’s 
possession.   
 3.   Community Real Property	
.   
  [   ] None. 
  [   ] The Husband and Wife have a community interest in real property, l\
ocated at 
_________________________________________ in the City of _	
___________________, 	
County of ____________________, State of Idaho, and described in the dee\
d as follows: 
________________________________________________________________________\
____
________________________________________________________________________\
___.  The real property described above:   
[   ] shall be sold and the net proceeds divided _____% to the Wife and \
_____% to the 
Husband.  	

or 
[   ] is awarded to the Wife, subject to any liens, and the Husband is o\
rdered to convey 
his interest in the property to the Wife when she pays him $____________\
______ for his share 
of the equity in the property.  or 
[   ] is awarded to the Husband, subject to any liens, and the Wife is o\
rdered to convey 
her interest in the property to the Husband when he pays her $__________\
_________ for her 
share of the equity in the property.  or  
[   ] __________________________________________________________________\
_ 
________________________________________________________________________\
____
________________________________________________________________________\
____
________________________________________________________________________\
____
________________________________________________________________________\
____

4.  The Community Personal Property	 of the parties is divided and awarded as follows:  
[   ] No community personal property.   or 
[   ] Each party is awarded the communi ty personal property now in his or her 
possession.  
  [   ] The property listed in the attached “Exhibit A” is awarded t\
o the Husband as his sole 
and separate property.   
  [   ] The property described in the attached “Exhibit B” is awarde\
d to the Wife as her sole 
and separate property.   
  Each party is ordered to deliver to the  other any of the community personal property 
currently in his/her possession that is awarded to the other party, and \
the parties shall execute 
and deliver any documents necessary to effectuate the property division.   
 5.   Debts	
. 
[     ]  No unpaid community debts.  or 
[     ]The Husband is ordered to pay the following debts as or before th\
ey become due 
and hold the Wife harmless for any further liability concerning these de\
bts:  (list each creditor)  
 
 
 
 
 
 
 
[     ] The Wife is ordered to pay the following debts as or before they\
 become due and 
hold the Husband harmless for any further liability concerning these deb\
ts:  (List each creditor)

6.  Debts Incurred Since Separation	.  [   ] Each party shall assume any debt incurred 
by that party since ________________________, the date of the parties’\
 separation.  Each 
party is ordered to pay those debts as or bef ore they become due and to hold the other party 
harmless for any liability concerning those debts.   
 7.  Name Change	
.  [   ]  __________________________________ is restored to the 
former last name of ________________________________________. 
 
Date:  _________________________    ___________________________________ 
     Magistrate Judge 
 
 
 
CLERK’S CERTIFICATE OF SERVICE 
I certify that a copy of the Decree of Divorce was served: 
 
Name:  _______________________________________[   ] By Hand-delivery 
Address:  _____________________________________[   ] By US Mail 
City, State, Zip:  ________________________________[   ] By Fax to (num\
ber)____________ 
 
Name:  _______________________________________[   ] By Hand-delivery 
Address:  _____________________________________[   ] By US Mail 
City, State, Zip:  ________________________________[   ] By Fax to (num\
ber) ____________ 
 
Date:  ____________________________  ___________________________________ 
       Deputy Clerk of the District Court

DECREE OF DIVORCE  CAO D 8-3    	PAGE 5	
REMOVE THIS PAGE AND  
Attach “EXHIBIT A”:   
HUSBAND’S PROPERTY – if you are using it  
 
Attach “EXHIBIT B”:   
WIFE’S PROPERTY – if you are using it

HUSBAND’S SEPARATE PROPERTY	 
(Describe each item, including a legal description for real property) 
 
 
 
 
 
 
 
 
 
 
 
PERSONAL COMMUNITY PROPERTY IN HUSBAND’S POSSESSION AWARDED TO 	
HUSBAND	 
(Describe each item) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PERSONAL COMMUNITY PROPERTY IN WIFE’S POSSESSION AWARDED TO HUSBAND	
 
(Describe each item)

EXHIBIT B 	  	 	
WIFE’S SEPARATE PROPERTY	 
(Describe each item, including a legal description for real property) 
 
 
 
 
 
 
 
 
 
 
 
PERSONAL COMMUNITY PROPERTY IN WIFE’S POSSESSION AWARDED TO WIFE	
 
(Describe each item) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PERSONAL COMMUNITY PROPERTY IN HUSBAND’S POSSESSION AWARDED TO WIFE	
 
(Describe each item)