DOCUMENTS REQUIRED FOR

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  • 1. DOCUMENTS REQUIRED FOR FINALIZING DIVORCE or PATERNITY/CUSTODY CASE All documents must be filled out in black ink Forms are available at the Court Assistance Office 200 W. Front Street Boise, Idaho (208) 287-6963 or www.adaweb.net/cao DEFAULT HEARING  Motion for Entry of Default - 1 completed original.  Affidavit of Default - 1 completed original, SIGNED & NOTARIZED.  Affidavit of Non-Military Service - 1 completed original, SIGNED & NOTARIZED. This will not be needed IF the Affidavit of Default includes language that the defendant is NOT in the military.  Default - 1 completed original, to be signed by the clerk or judge.  Decree of Divorce or Order for Custody - 1 completed original and 3 copies. The language in this document must be identical to the language in the Complaint.  Parenting Plan - 1 completed original and 3 copies.  Affidavit Verifying Income - 1 completed original.  Child Support Worksheet - 1 completed original.  Child Support Order Transmittal Form - 1 completed original. Leave no blank lines on this form except the DATE of the order. Write in “none” or “not applicable” or “unknown” rather than leave blank lines.  Certificate of Divorce or Annulment (Vital Statistics Form)—Not needed for Paternity/Custody Cases - 1 completed original, filled out in black ink. Blank copies are available at 450 W. State St., First Floor, or at the Ada County Courthouse, clerk’s office.  Addressed and Stamped Envelope - Showing the last known address of the defendant so the clerk can mail a copy of the Decree (even if served by publication). Bring extra postage. STIPULATION  Sworn Stipulation for Entry of Decree - 1 completed original, SIGNED BY BOTH PARTIES & NOTARIZED. A copy of the complete decree and all its attachments must be attached to the stipulation.  Decree of Divorce or Order for Custody -1 completed original with all original attachments including the parenting plan and sworn stipulation.  Three additional copies of the Decree or Order for Custody complete with attachments including the parenting plan  Affidavit Verifying Income -1 completed original.  Child Support Worksheet - 1 completed original.  Child Support Order Transmittal Form - 1 completed original. Leave no blank lines on this form except the DATE of the order. Write in “none” or “not applicable” or “unknown” rather than leave blank lines.  Certificate of Divorce or Annulment (Vital Statistics Form)—Not needed for Paternity/Custody Cases - 1 completed original, filled out in black ink. Blank copies are available at 450 W. State St., First Floor, or at the clerk’s office.  Addressed and Stamped Envelopes – Provide a pre-addressed envelope for EACH party, large enough to hold a copy of the complete Decree or Order and with sufficient postage. Bring extra postage.
  • 2. Filing Procedures Prepare a Verified Complaint for Divorce or Paternity/Custody. The statements and the prayer for relief in the Verified Complaint should comply with all statutes and rules. Complaint forms and all other default divorce or paternity forms are available at the Court Assistance Office in the Ada County Courthouse (208) 287-6963 or on-line at www.adaweb.net/cao. Assistance with child support calculations is available at Family Court Services located in the Ada County Courthouse- 4th floor (208) 287-7600. File the Verified Complaint. Take the Complaint, along with a Summons that will be signed by the clerk, to the courthouse and file it with the Clerk of the Court. (You should also have copies of these forms with you.) You will receive a Joint Temporary Restraining Order – Property. If there are children, you will also receive a Joint Temporary Restraining Order – Children and an Order to Attend Focus on Children class. These are important court orders that you must obey. Serve the other party with these documents. You must serve the Summons, the Complaint, the Joint Temporary Restraining Orders and the Order to Attend Focus on Children class on the other party. • If the other party will voluntarily accept service, then give the documents to the other party along with an original Acknowledgment of Service. The other party must sign this form in front of a notary. • If the other party will NOT voluntarily accept service, then service must be made in person by an adult other than you, and that person must complete and notarize an Affidavit of Service. • Only if personal service is not possible should you request the court to issue an order for Service by Publication. Your affidavit in support of the Motion for Service by Publication should state in detail your efforts to learn his or her present address. It should also include photocopies of the returned envelopes that you sent to his or her last known address. Keep in mind; if you do serve by publication, the goal is to give actual notice to the defendant. Publish in the paper most likely to accomplish that goal and be prepared to explain to the judge why you chose that paper. The documents also must be mailed to the last known address most likely to give notice, and proof of that mailing will be required at the default hearing. Publication must be for four consecutive weeks and the time for default runs from the last publication. File your proof of service. You must file an Acknowledgment of Service or Affidavit of Service or Proof of Publication with the Clerk of the Court. In ALL cases with children, you MUST attend the Focus on Children class. You CANNOT finalize and obtain your default divorce or custody order without first going to this class. Finalizing Procedures By Default Schedule the Default Hearing Twenty days after the other party was served, and if the other party has not filed an appearance or answer (response) to the Complaint, call your judge’s clerk and ask that the Default Hearing be scheduled. Proof that the other party has been served must be in the file in order to schedule a Default Hearing. Prepare the documents (in BLACK ink) needed for the Default Hearing. Be sure to sign and notarize the Affidavits and include your case number on all documents. See the other side of this page for the list of documents and more specific instructions. Be on time for your hearing on the date scheduled. By Stipulation This procedure should be followed if you and the other parent want the Judge to sign (enter) a Decree of Divorce or Custody Order with different terms than those contained in the Complaint that was filed, or to settle the case after the other party filed an Answer, or to simply agree to settle the case without a default being entered against the Defendant. Complete all documents needed for a stipulation (in BLACK ink) and submit your documents to the Clerk of the Court. This procedure will allow the judge to sign an Order both of you agree upon without a hearing. IF the Judge requires a hearing for any reason, you will be notified. See the other side of this page for the list of documents and more specific instructions.