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What kind of divorce do I file for Idaho?

Idaho Falls, ID |

Neither my wife or I have legal or physical custody of our child, do I file for a divorce with or without minor children? Are there any specific forms that I need to file and in what order?

Attorney Answers 2


I'm assuming you're referring to which fee category you should put on the divorce complaint. If the divorce is going to affect custody in any way then I'd file with minor children. Whichever one you choose, just verify with the court clerk. For some things they can give you better answers than your own lawyer. Or you can simply file B.1. Don't add B.1.a or B.1.b.

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There is only one "kind" of divorce in Idaho, and it starts by one party to the marriage filing a Complaint for Divorce and getting a Summons issued. Any forms that might be available are "one-size-fits-all" efforts that do not adequately address the custody issues with your child. Nothing short of the assistance of an experienced family law attorney will meet your needs.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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