Idaho
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Divorce cases can be complicated, especially if property or children are involved. Ideally, you should hire an attorney who can handle the matter for you. If you cannot afford an attorney, however, you may have to represent yourself or proceed pro se. Idaho provides a substantial amount of free support for pro se litigants, including forms. Consult an attorney in your jurisdiction if you are considering filing for divorce.
Handling Preliminary Matters
1

Determine if you qualify to seek a divorce in Idaho. You are eligible if you have lived in Idaho for at least six weeks prior to filing.
2

Gather the information you will need to complete the necessary forms. These data include your spouse's address, if you are living apart; your spouse's employer; your spouse's and your children's Social Security numbers; and, if you have children, their day care expenses and health insurance premiums.
3

Locate the free divorce forms that the Idaho Supreme Court has made available online.
4

Call the clerk of court for the county in which you are filing for a divorce. Court rules vary by county, and you will need to know if there are any supplementary local rules that must be followed in order to complete your divorce.
Preparing the Documents
1

Fill out a Family Law Case Information Sheet. You need to submit this sheet to file the rest of your documents. You will get a case number from the clerk of court when you file.
2

Complete a Complaint for Divorce. You are the plaintiff; your spouse is the defendant. Do not sign the complaint yet.
3

Prepare a summons. There is a summons specifically for divorce. The clerk of court will sign it when you file.
4

If you have children, complete an Order to Attend Divorce Orientation or Parenting Workshop, Child Support Affidavit, Child Support Worksheet, and Parenting Plan.
Finalizing and Filing Your Documents
1

Take your completed Complaint for Divorce to a notary public. Your signature on it needs to be notarized.
2

Make two copies of each document. One is for your spouse; the other is for your records. The clerk of court will "conform" both sets by stamping and dating them.
3

Get a Certificate of Divorce or Annulment from the clerk of court or from the Court Assistance Office. The form is not yet available online.
4

File the original of each document with the clerk of court in the county in which you reside.

You will need to pay a filing fee. If you cannot afford to pay the fee, you can request a waiver. Be sure to bring your copies so they can be conformed.
5

Arrange to have your spouse served with copies of the summons and complaint with all of the attachments. If you have children, the clerk of court will also give you an order to attend a parenting program. You will need to serve this order on your spouse, too. You cannot serve the papers yourself unless your spouse has an Acknowledgment of Service notarized. Otherwise, the sheriff, a process server or anyone over the age of 18 who is not a party to the case may serve the documents.
Dealing With a Counterclaim
1

Read your spouse's response carefully. Regardless of the title, if the document your spouse filed asks for something different than what you asked for in your complaint, that request is considered a counterclaim.
2

Prepare a Reply to Counterclaim. Remember to complete the Certificate of Service at the back of the reply form. If your spouse does not ask for anything different, you are not dealing with a counterclaim and a reply is not appropriate.
3

Make two copies of your reply.
4

File the original with the clerk of court within 20 days of the date of service, which is not necessarily the date you received the document. Be sure to bring your copies and have them conformed.
5

Mail, fax or hand deliver a conformed copy to your spouse or his attorney at the address in the upper left corner of the first page of the answer and counterclaim.
Navigating Hearings
1

Attend any court-ordered status conferences or hearings and, of course, the trial.
2

Prepare what you would like to say in advance. You may want to write it down and rehearse it or bring it to court to read.
3

Dress professionally and bring a complete copy of your file, which should include all documents prepared by you as well as those you received from the court or your spouse.

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