Contested vs. Uncontested Divorce in Boise: What’s the Difference?
In most states, there are two main kinds of divorce: uncontested and contested.
A contested divorce is when the couple cannot agree on a few or, in some cases, any of the issues at hand, such as property, custody, or support. When this happens, a judge has to step in. The court may hold a trial, review evidence, and hear from witnesses before making decisions. Because of this, a contested divorce usually takes much longer to finish.
When a divorce is uncontested, it means the couple agrees on everything needed to dissolve their partnership. In Idaho, this is sometimes called a “divorce by stipulation.” Because both people agree on issues like property, custody, and support, the judge does not need to hold a trial.
An uncontested divorce is usually quicker and more economical than a contested divorce. An uncontested divorce is usually much faster and less expensive than a contested divorce. Even so, it can still be helpful to speak with a Boise divorce attorney to make sure your paperwork is done correctly and that your agreement fully protects your rights and interests.
What is a Contested Divorce in Idaho?
A contested divorce is when one spouse files for divorce, but the other spouse does not agree with some or all of the terms. This means the court may have to step in and decide those issues.
It can also help to think about each issue in the divorce separately. For example, the couple might agree on some things, like dividing property, but disagree on others, like child custody or support. In that case, only the disputed issues are considered contested.
For example, you and your spouse might agree on how to divide your property but disagree about something else, like which school your children should attend. Instead of fighting over everything, you can choose to go to court only for the issues you can’t agree on, which will save you time and money.
Or, If you file for divorce and your spouse files papers asking the court to deny what you are requesting, the divorce becomes “contested.” This simply means the two of you do not agree, and the court will need to step in and decide the issues.
What Is an Uncontested Divorce in Idaho?
In Idaho, there are two types of uncontested divorce: divorce by stipulation and divorce by default. You can use either option whether or not you and your spouse have minor children together.
Divorce by Stipulation
Another way to get an uncontested divorce is through a “divorce by stipulation.” This means both spouses have agreed on all the terms of their divorce and are ready to ask a judge to approve it.
A divorce by stipulation is usually faster and less expensive because you do not have to go to court and argue your case in front of a judge.
You cannot get an uncontested divorce if you and your spouse disagree about any of the following issues:
- the grounds for the divorce
- division of your property and debts
- spousal support
- child custody and visitation, including where the children will live
- child support, health and dental insurance, and payment of the children’s medical bills
- who will claim the children for tax deductions or exemptions
- any other issue you and your spouse cannot agree on about your marriage
A divorce by stipulation is when both spouses agree on all the details of their divorce and are ready to ask a judge to make it official.
Divorce by Default
In a “divorce by default,” the spouse who starts the divorce files the paperwork and properly serves it on the other spouse, who then has 20 days to respond (or 30 days if they live out-of-state).
If the other spouse fails to file a response within that time, they lose the right to take part in the case. This is called “default.” After the deadline passes with no response, the spouse who filed for divorce can move forward and finish the divorce.
How Do I Get a Divorce in Boise?
Only people who live in Idaho can file for divorce there. The spouse who files must have lived in Idaho for at least six weeks before filing. You also have to give the court a legal reason for the divorce.
Idaho allows you to file for divorce based on “irreconcilable differences,” which means the marriage cannot be saved, and no one has to prove fault. Idaho also recognizes seven fault-based reasons for divorce. They are:
- permanent insanity
- willful neglect
- conviction of a felony-level crime
- adultery
- habitual intemperance
- extreme cruelty
- willful desertion
To get a divorce by stipulation, you and your spouse must agree on the reason for the divorce. Most couples choose “irreconcilable differences” because it simply means the marriage has broken down and cannot be fixed, without blaming either person.
How Long Does It Take to Get Divorced in Idaho?
Uncontested divorces in Idaho can move fairly quickly, especially if you and your spouse are able to agree on everything without much delay. Idaho has a short required waiting period compared to many other states. If everything is done correctly, your divorce can be finalized once the required waiting time has passed.
The waiting period begins when your spouse is officially given the divorce papers. After that, a judge must wait at least 20 days before signing the final divorce order. The exact steps can vary a little depending on where you live in Idaho and whether or not you and your spouse have children.
Talk to a Boise Divorce Attorney About Your Case
Divorce is confusing and stressful, but you don’t have to handle it alone. A Boise divorce attorney from Harrington Law can explain your options and help you move forward with confidence.
Call Harrington Law today at (208) 599-8530 or fill out our online contact form to schedule a consultation and get clear answers about your next steps.