Idaho > Statewide > District Court > Family Law
Complaint For Divorce (With Minor Children) CAO 1-2 - Idaho
| Complaint For Divorce (With Minor Children) Form. This is a Idaho form and can be used in Family Law District Court Statewide . |
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Completing Form CAO 1-2: Complaint for Divorce [With Minor Child/ren] 10/10/2003 [REMOVE THESE INSTRUCTION PAGES BEFORE FILING] Talk to An Attorney, If Possible. Warning: When you represent yourself in a court case you are held to the same standard as an attorney. This applies to your preparation of paper work and your conduct at all hearings and/or trial. Your lack of legal knowledge may cause you to make seriou s errors in handling your case. These instructions are not a substitute for legal advice. The laws and court rules are complex and following these instructions will not guarantee that your rights are protected or that y ou will be satisfied with the result. You should always talk to a lawyer about your legal problems before filing any legal paperwork. Even if you do not hire a lawyer to appear in your case, you may be able to find a lawyer to review your paperwork or give you more information about your rights. Call the Idaho State Bar (208-334- 4500) to provide you with the name of an attorney who handles this type of case. Contact the Court Assistance Office for information about resources for low-income people. Instructions Fill in the forms by typing or by printing neatly and legibly in black ink. If you are working on a computer, you may delete the optional sections you dont need and renumber the rema ining sections, or type in none if a section doesnt apply. Optional sections are shown with a boldface or. If the section does not contain a boldface or it is necessary and you should type in the appropria te information (which might be the word none). Always keep a copy of the completed form for your recor ds. YOU WILL BE SIGNING A SWORN STATEMENT THAT YOU HAVE READ THE COMPLAINT, KNOW WHAT IT SAYS, AND BELIVE ITS TRUE. TO GUARANTEE THE TRUTHFULNESS OF THAT STATEMENT, BE SURE TO READ THE ENTIRE COMPLETED FORM. At the top left-hand corner of page 1, fill in your full legal name, mailing address and telephone number. The Court Heading. F ill in the county and judicial district (for example, In the District Court of the S ixth J udicial District, in and for the county of Bannock). The Caption. Fill in Your F ull Legal Name on the line above Plaintiff and Your S pous es F ull Legal Name on the line above Defendant. The Case No. The case number will be assigned by court personnel when you file the Complaint. You should write in the case number on all other documents. The Court Heading, Caption and Case Number will be the same on all other documents you prepare for this case. 1. R es idence of the Parties . You must have lived in Idaho for at least six weeks. Fill in the state where your spouse lives. 2. Marriage of Parties . Fill in the city and state (or country if you were married outside th e USA) and the month, day and year of your marriage. 3. Grounds for Divorce. This paragraph states the reason for the divorce is irreconcilable diff erences. If you want to state other grounds for the divorce, you should talk to an attor ney. 4. Minor Child/ren of the Parties . Fill in the name and date of birth for each minor child and the city a nd state where each child has lived for the last five years. WARNING: If any of your children have not resided in Idaho for at leas t s ix uninterrupted months before the filing of the Complaint (or for their entire lives if they are less than six months of age), the Idaho court may lack authority (jurisdiction) to determine custody of that COMPLAINT FOR DIVORCE PAGE 1 CAO1-2 Revised 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 2child. In that event you should talk to an attorney to determine if there may be other grounds for jurisdiction under Idahos laws. Check the first box if Wife is NOT now pregnant or check the second box if Wife IS now pregnant and fill in the expected date of birth for the child. (A Modification would need to be filed after the birth of the child to establish custody and support.) 5. UCCJ EA J uris dic tion. This is your statement that each child has resided in Idaho for at lea st the past 6 uninterrupted months. Additionally, you are required to inform the court if there have been any other cases involving your child/ren in any other court or if there are any other people claiming custody or visitation rights with the child/ren. In paragraphs 5a, b, c and d, provide all requested information or write none. 6. L egal Cus tody. Joint legal custody means the parents are required to share the decision-making rights, responsibilities and authority relating to the health, education and gen eral welfare of the child/ren. The court will award joint legal custody unless you can prove it would not be in t he best interest of the minor child/ren for the other parent to share the decision-making rights. Check the first box if both parents are fit persons to share the decisio n-making rights, responsibilities and authority relating to the health, education and general welfare of the c hild/ren. or Check the second box if you are declaring that one parent should have sole legal custody of the child/ren, and Write in the name of the parent who should be awarded sole legal custody and State why the other parent should NOT be allowed to share legal custody. 7. Phys ical Custody . "Joint physical custody" means each parent has frequent and continuing contact with the child/ren. With joint physical custody each parent has significant periods of time in which a child resides with or is under his/her care and supervision. The parenting time is not necessarily 50/50, and the child/ren does not necessarily alternate back and forth between the parents. T he court will award joint physical custody unless you can prove it would not be in the best interest of the minor child/ren to spend time with each parent on a regular basis. Check the first box if both parents should be given physical custody of the child/ren and o Complete the Parenting Plan. (both parents may sign the Parenting Plan, but it is not required). Write Exhibit A on the bottom of the first page of the Parenting Plan and attach it to the Complaint. IMPORTANT: The Parenting Plan must be attached to make it a part of the Complaint. Make an extra copy of the Parenting Plan to attach to the Decree of Divorce. or Check the second box if you are asking the court to award sole physical custody of the child/ren to only one parent, and Write in the name of the parent who should be awarded sole physical cust ody and State why the other parent should NOT be given periods
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