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Idaho Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Idaho. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Idaho, certain forms may or may not be required by the Idaho courts.
The Complaint for Divorce, CAO D 1-5, is used for divorces with minor children, or CA0 D 1-6, for divorces with no minor children. The Complaint identifies the parties, the grounds and the relief sought.
The Summon, FL 1-3, is used for divorces with minor children, Ci 1-1, for divorces with no minor children, puts the Respondent on notice that the action has been filed and informs him or her of his or her rights.
Affidavit of Service, CAO 2-2
The Affidavit of Service certifies that the Defendant has been properly served a copy of the Summons and Complaint by a Sheriff, professional Process Server or any other person 18 or older, who delivers the divorce papers to him or her. This person -- the Sheriff, Process Server or private individual -- completes and Affidavit of Service, which becomes part of the record of the case.
Acknowledgment of Service and Consent to Divorce, D 2-1 or D 2-1X
The Acknowledgment of Service and Consent to Divorce, signed by the Defendant and filed by the Plaintiff, moves the action along because by singing it he or she waives formal Service of Process.
Certificate of Divorce or Annulment (IDHW form)
The Certificate of Divorce or Annulment must be obtained from the Court Clerk or the court assistance office.
Motion and Affidavit for Entry for Default, CAO 7-1
The Motion and Affidavit for Entry for Default, filed by the Plaintiff, asks the court to enter a default judgment if a Defendant fails to respond to the divorce papers by filing an Answer in the 20-day response period.
Default, CAO 7-2
The Default is a court order entered after the Motion and Affidavit for Default have been filed.
Notice of Appearance, CAO 3-1
The Defendant who wishes to prevent a default judgment against him or her may file a Notice of Appearance in lieu of an Answer.
The Defendant may file an Answer to the allegations made in the Complaint, in which he or she agrees or disagrees with the claims of the Plaintiff. The Defendant may also file an Answer and Counterclaim, CAO 3-3 with children or CAO 3-3A without children. The Plaintiff then has 20 days from the date of the filing to respond to the Counterclaim. If the Plaintiff does not respond, the court may order a default against him or her and the Defendant may be awarded everything he or she asks for in the Answer and Counterclaim.
Sworn Stipulation for Entry of a Decree of Divorce, CAO 6-8
A Sworn Stipulation for Entry of a Decree of Divorce can be jointly filed by the couple when the parties reach agreement about all the terms and conditions of their divorce.
Family Law Case Information Sheet, FL 1-16
The Family Law Case Information Sheet identifies the parties and the particulars of the case. When children are involved, it also establishes their residential history, particularly whether a custody order or child protection order has been entered.
Child Support Affidavit, DCP 1-11
File a Child Support Affidavit, DCP 1-11, which spells out the particulars of child support.
Child Support Worksheet, DCP 1-12 or DCP 1-13
The Child Support Worksheet spells out the calculations involved in the child support. DCP 1-12 is used for shared/split custody; DCP 1-13 is used for standard custody arrangement.
Parenting Plan, DCMP 3
The Parenting Plan spells out the terms and conditions of custody and visitation.
An Affidavit and Motion for Service by Publication, Ci 1-7
The Affidavit and Motion for Service by Publication may be filed after the Plaintiff has made a good faith ("diligent") search for the Defendant.
Order for Service, Ci 1-8
The Order for Service permits the Plaintiff to publish the Summons for Publication once a week for four consecutive weeks, after which the Defendant is considered served.
Summons by Publication, D 1-2
The Summons by Publication serves the same function as a personally delivered Summons. It informs the Defendant that the action against him or her has begun.
Affidavit of Mailing Per Order for Publication, Ci 2-5
The Affidavit of Mailing Per Order for Publication, filed by the Plaintiff, authenticates that a copy of the Summons and Complaint were also mailed to the Defendant's last known address in conjunction with the Service by Publication.
Decree of Divorce (No Children Involved), CA0 8-3 or Decree of Divorce (Children Involved) CAO 8-1
The Decree of Divorce, with or without children, ends the marriage.
Fee Waiver Affidavit, CAO 1-10A
An indigent party may file a Fee Waiver Affidavit that asks that he or she be exempt from the filing fees of the action.
An Order Allow Waiver of Filing Fee, CAO 1-10B
If the court approves the Fee Waiver Affidavit, it issues an order waiving the fees.
The Idaho court considers several factors in deciding child custody. The court does not decide custody based on the gender of the parents; that is, it does not automatically assume that a child must reside with the mother. The court always considers the best interests of the children before anything the parents may want.
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