Oneida County Divorce Papers


To file for divorce in Idaho, you should fill out the divorce forms, which may differ depending on whether there are minor children in the marriage, the type of divorce, the presence of property to divide, etc.

You can get Oneida County divorce forms in PDF format from the official website of the Idaho Court Assistance Office. The main forms required to file for divorce include:

  • Petition for Divorce: the initial form filed by one of the spouses, which starts the divorce process. It is the formal request for marriage dissolution, in which the plaintiff states the details about the spouses and the marriage and outlines the relief they seek. The Petition for Divorce for families with children contains more questions related to minors.
  • Summons: the document that informs the other spouse that the initiator of the process has filed for divorce.
  • Family Law Case Information Sheet: the form that provides basic information about the parties involved in divorce and the nature of the case.
  • Acknowledgment of Service: the form that the defendant must sign to confirm their awareness and agreement to divorce.
  • Decree of Divorce: the form that confirms the end of the marriage. Couples with children would need a different Decree of Divorce

How to File Divorce Papers in Oneida County?

To file for divorce in Oneida County, you need to go through a few steps. The general procedure may vary a bit for each couple, depending on the complexity of their case. However, the basic steps include:

Step 1: Filing the Petition

To start the divorce process, you should take the originals of the completed divorce forms, file them with the county magistrate court’s clerk, and pay the required filing fees. To be eligible for divorce in Idaho, at least one of the spouses must have lived in the state no less than six full weeks before filing.

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Step 2: Serving the other spouse

After you have filed for divorce with the court, you should officially notify your spouse about it. You need to legally serve them with the Petition for Divorce, the Summons, and any additional forms that may be required by your local court.

If they are likely to accept the service, you can mail the documents. If you know that your spouse will not cooperate, a professional process server, a county sheriff, or any person above 18 years from the county where your spouse lives should deliver the papers to them. The respondent then needs to return the original Acknowledgment of Service via mail or through the authorized person who served the paperwork.

Step 3: Waiting period

Idaho has a mandatory 21-day waiting period from the time the paperwork is served on the responding spouse till the day the divorce can be finalized. The court will start examining your case only after the waiting period is over.

Step 4: Court hearings

In a contested divorce, when you and your spouse cannot agree on and settle all the issues, you will need to attend a trial within six months after the respondent files a Counterclaim to the Petition. Make sure to meet all the court’s deadlines and appear at all the hearings to avoid possible sanctions.

If you have an uncontested Idaho divorce, at least one hearing may be scheduled for the court to approve all matters. However, it is better to check with the court clerk if your case will require a hearing.

Step 5: Finalizing the divorce

During the final hearing, all agreements should be reached and disputes resolved. The judge will sign the Decree of Divorce with the approved orders, and your marriage will be officially finalized.

Where Do You File Divorce Papers in Oneida County?

You should file your divorce papers with the local county court. The following Oneida County divorce courts are responsible for maintaining court records and managing dissolution of marriage cases.

Court Name Court Address Working Hours Phone Number
Oneida County Magistrate Court 10 Court St, Malad City, ID 83252 Monday-Friday: 8:00 AM – 5:00 PM (208) 766-4764
Oneida County District Court 10 Court St, Malad City, ID 83252 Monday-Friday: 8:00 AM – 5:00 PM (208) 766-4116

How Much Does It Cost to File Divorce Papers in Oneida County?

Oneida County divorce filing fees start from $150 but may vary depending on the court, the case, and possible additional services.

In uncontested cases, additional expenses may include the fees for supplementary papers, document copies, serving services, etc. The overall divorce cost can vary from $500-$1,000 to $8,000 or more, depending on whether a lawyer is involved.

If the divorce is contested, more time will be needed to negotiate and resolve controversial issues, and you will likely need to spend much money on attorney’s fees. The hourly rates in the state range from $100 to $350, and the total price of a contested divorce can be between $15,000 and $25,000.

How Long Does It Take to File Divorce Papers in Oneida County?

At least 21 days should pass from the date the divorce papers are served on the other party till the marriage can be dissolved.

If spouses agree on all major issues, an uncontested divorce in Oneida County can be obtained relatively quickly, in like 1-4 months. The timelines can be prolonged due to the court’s caseload.

On the other hand, the first hearing in a contested divorce will be scheduled within six months from the day the respondent’s counterclaim was filed. The divorce duration will depend on the judge’s availability, the complexity of disagreements, and the number of hearings, and the process can last a year or longer.

Can I File My Own Divorce Papers in Oneida County?

You can file for divorce and arrange it yourself if you do not have disagreements with your spouse. While filing for divorce in Oneida County on your own can save you money on attorney fees, the divorce process can be legally complex, and errors or omissions in the paperwork can lead to delays or complications.

Who Can Help with Filling out Oneida County Divorce Papers?

With our online divorce service, you can complete Oneida County divorce papers online, making the paperwork process easier. You will not need to spend a lot of time searching for and preparing all the documents yourself. Instead, our system will fill out the forms for your specific case based on your answers in our online questionnaire for only $139. Besides, you will get instructions on how to file for divorce with the court.

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