Are Divorce Records Public in Idaho
All divorce records in Idaho are confidential for 50 years. During this period, they are only available to the parties named in the records, their immediate family members, and their attorneys. Some records are not available to family members. After the said period, divorce records become available for the general public to request and access.
How to Find a Divorce Record in Idaho
Divorce records are official documents that serve as proof and provide salient information about divorces that were finalized in Idaho courts. They contain important details such as the names of the parties involved in the divorce record as well as when and where the divorces were finalized. Some divorce records also provide other information related to spousal and child support, asset division, and custody information. The three types of divorce records available in Idaho Courts are divorce decree, divorce certificate, and divorce record.
Divorce records are considered court records. They may, therefore, be searched using court platforms, court terminals, and some third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse. Because of this, divorce records, certificates, and decree availability is usually much lower than other types of public records because of the personal nature of divorces. Simply put, divorce records are significantly harder to obtain and search for than other types of public records.
Idaho Divorce Certificates
A divorce certificate is a legal document that proves that a divorce occurred between two people on a particular date. It provides the names of the two people who were involved in the divorce and the court where it was finalized. Although a divorce certificate contains limited information compared to the other divorce records, it is the most widely used record of them all.
Divorced parties intending to remarry or file for name changes need this document. A divorce certificate can only be issued to the two people named in the certificate, their immediate family members, and their attorneys.
There are two basic types of divorce certificates: regular divorce certificates and certified divorce certificates.
- Regular divorce certificate: A regular copy of a divorce certificate is a plain informational copy that shows details like the parties involved in a divorce as well as where and when the separation was finalized. It cannot be used for official purposes and doesn’t have an official seal.
- Certified divorce certificate: A certified copy of a divorce certificate contains the same information as a regular/plain copy, but it has an official seal. It can be used for legal, tax, and other official purposes.
Understanding Idaho Divorce Decrees
A divorce decree is a document that presents the final divorce judgment issued by a family court. It contains every information involved in the divorce settlement as well as all the information contained in the divorce certificate. Divorce settlement details provided in this document include alimony information, visitation rights and schedules, and custody arrangements.
An Idaho family court can issue a divorce decree whether the marriage dissolution involves a trial or not. The presiding judge will determine the terms of settlement if the divorce involves a trial. If, on the other hand, the divorcing couple chooses a non-trial settlement, the couple will determine the terms of the settlement.
In both cases, divorce decrees are issued by a state court. The terms of settlement in the divorce decree are binding to both parties. This document can only be issued to the divorce parties and their legal representatives.
Understanding Idaho Divorce Record?
A divorce record is a collection of documents used and produced during court proceedings that led to the final divorce judgment in a family court. This complete case file provides the most concise details of the divorce and captures every information in a divorce certificate. It also contains the divorce decree and the terms of settlement in the divorce. Any party who seeks to challenge the divorce decision needs this record. Either of the parties involved can also obtain it for a closer analysis of the divorce process and outcome.
How to Obtain a Divorce Certificate in Idaho
The Idaho Bureau of Vital Records and Health Statistics maintains and issues copies of divorce records for the state. It is possible to obtain divorce certificates in Idaho by requesting them:
- Online
- By mail
When requesting an Idaho divorce certificate by mail, complete the provided certificate request form or write a letter that provides the following details:
- Requester’s full name
- The requester’s mailing address information
- Relationship with any of the parties named on the certificate
- Name of parties on the certificate
- Date of the divorce
- City of the divorce
- The purpose of requesting the certificate
Attach to the request form, a copy of a current driver’s license, tribal identification card, prison ID card, passport, concealed weapons permit, or state identification card. In the absence of any of these, enclose copies of two other forms of identification, one of which must be duly signed by the requester.
Any two of these forms of identification will suffice:
- Social security card with signature
- Auto registration with signature
- Matricula card with signature
- Work ID card with picture or signature
- Traffic ticket with signature
- College/school ID with signature
- Court record with a signature
- Insurance record
- Hunting/fishing license
- Paystub
- Driver permit
- Passport card
- Auto insurance
The Idaho Bureau of Vital Records and Health Statistics charges $16 for a certified copy of divorce certificate and an extra $5 for each additional copy requested. Mail the completed certificate request form, copy of the ID, and the fee to:
Idaho Bureau of Vital Records and Health Statistics
P.O. Box 83720
Boise, ID 83720-0036
The Bureau also offers priority or expedited services. For priority processing, write the word “RUSH” boldly on the envelope. It attracts an additional fee of $10 per certificate requested. This is different from priority shipping. For priority shipping, express mail the request to the Bureau and endeavor to include a prepaid self-addressed express envelope for return delivery.
How to Obtain Divorce Court Records in Idaho
In Idaho, the office of the county clerk or county recorder maintains the final judgments of divorces granted in courts within their county. Each county has specific requirements for issuing this record. Therefore, requesters should first contact the clerk/recorder officers to ask about those requirements. Similarly, the fees charged for divorce decrees vary from county to county and can be up to $60 per copy.
Divorce decrees are legally confidential within the first 50 years after a divorce is finalized. A divorce decree can only be issued to parties named in the record, their immediate family, or legal representatives. Besides divorce decrees, it is also possible to request other divorce court documents from the Idaho county clerks and recorders. Check the list of Idaho counties and their respective courthouses to know the peculiar requirements for requesting divorce records and the applicable fees.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Find Out if Someone is Divorced in Idaho for Free
Individuals can find out if someone is divorced in Idaho by requesting the person’s divorce records from the Idaho Bureau of Vital Records and Health Statistics office. Idaho divorce certificates are typically confidential for 50 years. Hence, only the following people are eligible to request divorce records in Idaho:
- The person named on the document
- Immediate family members
- Legal representatives
- Individuals who can provide proof that the divorce certificate is needed for their property rights
Alternatively, eligible requesters can find out if someone is divorced by requesting divorce decrees from the county where the divorce was granted. The kind of divorce information requesters can access is the names of the divorced parties, the place where the divorce was granted, and the divorce terms.
How to Find Public Divorce Records Online
The Idaho Bureau of Vital Records and Health Statistics does not process requests for divorce records. However, the Bureau approves a third-party vendor from which requesters can obtain copies of divorce records online. This online vendor charges $16 per copy and a $10.50 processing fee (excluding shipping fees). It takes about 10 minutes to conduct a search for divorce records in Idaho on the platform.
Alternatively, record seekers can search divorce records in Idaho through other third-party aggregate sites. These vendors allow searches by names or locations for small fees. Note that information retrieved from third-party sites is typically limited and cannot be used for official purposes.
Does Idaho Recognize Common-Law Marriage?
The State of Idaho only recognizes common-law marriages formed before 1996. For such unions to be recognized, both parties must meet the four requirements that existed within the state before its abolishment, which is:
- Both parties must have been 18 years old and unmarried
- Both parties must have consented to maintain a married-like relationship
- Both parties must have presented themselves as married to society and assumed marital duties
- Both parties must have given their consent to get married.
What are Dissolution of Marriage Records?
Dissolution of marriage records are official documents that show the termination of marriage due to the death of one of the parties or a court decree. Marriage dissolution records contain the names of the divorcing parties, the divorce date, and the court where the divorce was finalized.
How to Find Dissolution of Marriage Records in Idaho
Record seekers can find dissolution of marriage records online, in person, or by mail at the Idaho Bureau of Vital Records and Health Statistics. Online applicants would have to request marriage dissolution records from a third-party vendor approved by the Bureau. Mail applicants would have to submit a completed Certificate Request Form, a photocopy of a valid government-issued ID, and a signed check or money order of $16 to the Bureau.
How to Get Divorce Papers in Idaho
Individuals can get original divorce papers in Idaho from the County clerk of the district court. Alternatively, these papers can be downloaded online from the Idaho Judicial Branch Court Assistance Office website. Petitioners would have to file the divorce documents at the clerk of the district court office. Afterward, the petitioners will have to serve the divorce papers to the defendants. All the divorce papers in Idaho must be filled with the clerk of the district court office where the petitioner resides. Individuals who want to get a divorce in Idaho should ensure they have all the necessary papers and fill them out appropriately.
How to Find Divorce Papers Online
Individuals can find divorce papers online on the Idaho Judicial Branch Court Assistance Office website. Click on the Divorce Icon on the left, which leads to the required divorce documents needed to get a divorce in Idaho.
