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Family Law

On this portion of the website, you will find the paperwork you need for many aspects of family law including how to file for a divorce, child custody, and proof paperwork has been served.

If you need additional information on how to navigate a family law issue or fill out the necessary paperwork, please visit our resources page.

For general information on filling out Court Assistance forms, Bannock County Court Assistance has a quick and helpful YouTube video. In-person form reviews may not be available or by appointment only. Please call or e-mail your local Court Assistance Office for assistance options.

In addition, the Bannock County Court Assistance Office has another YouTube video explaining the 3-step process for most family law cases.  Please keep in mind that any reference to third party services in the video may be limited at this time. And, for the current filing process please contact your local Clerk’s Office. If you are filing in Ada County please call the Ada County Clerk’s Office at 208-287-6900 option number 4.

Online Pre-filing Workshop

Divorce

The divorce process consists of three parts – filing, serving and then finalizing. If you are not sure where to start, the instructions below can help explain the process.

Please make sure you are using the proper paperwork based on your family’s situation.

Instruction 1 Divorce (CAO D)
Instruction 1-1 Filing for Divorce (CAO D)
Instructions-Filling Redacted and Unredacted Documents

For information and guidance on electronic filing please see our Resources page.

Parenting Class (Focus on Children) information available through Family Court Services.

First Step – Filing for Divorce

Divorce Without Children
Online Form Guide for Ada County CAO remote services PDF icon
Instruction CAO D Instr 1-2 Completing Petition Divorce No Children PDF Icon Word icon
Family Law Case Information Sheet (CAO FL 1-1) PDF icon Word icon
Petition for Divorce No Children (CAO D 1-6) PDF icon Word icon
Summons (CAO FL 1-3) PDF icon Word icon

Guide & File is an on-line tool that guides filers through a series of questions to gather the necessary information to complete and file court forms remotely.

Begin with Start a Filing, then select the interview for Divorce (No Children)- Step 1: Start Your Case . After completing the interview you can either directly e-file, or print the forms and bring them to the court to file.

Divorce With Children
Online Form Guide for Ada County CAO remote services PDF Icon
Instruction 1-1 Filing for Divorce (CAO D) "" Word Icon
Instruction D 1-2 Completing Petition for Divorce with Children "" Word Icon
Family Law Case Information Sheet (CAO FL 1-1) "" Word Icon
Petition for Divorce with Children (CAO D 1-5) "" Word Icon
Summons with Orders (CAO FL  1-3) "" Word Icon
In place of *FL 1-11, 12, 13 send Family Court Services this form- PDF icon
*Affidavit Verifying Income Child Support (CAO FL 1-11) "" Word Icon
*Shared Custody Worksheet (CAO FL 1-12) "" Word Icon
*Standard Child Support Worksheet  (CAO FL 1-13) "" Word Icon
Parenting Plan (CAO FL 3) "" Word Icon

For help with the Parenting Plan and child support calculations, please contact Family Court Services at 208-287-7600.  Above is a form provided by Family Court Services (open with Adobe Reader to access the fillable format) for email assistance with child support calculations in place of the hand calculation forms Affidavit Verifying Income and child support worksheets (FL 1-11, 12, 13). You can find all contact information for Family Court Services on their website.

The Bannock County Court Assistance Office provides a helpful video on YouTube that gives an overview of the custody portion of a Petition. If you are filing in Ada County please mark the Parenting Plan discussed in their video as Schedule A, instead of Exhibit A, which you will see is used to refer to the Plan in our forms. You can find a list of legal clinics statewide on the website for the Idaho Volunteer Lawyers Program.

Second Step – Serving Paperwork

Proof Paperwork has been Served
Acknowledge of Service by Respondent (CAO FL 2-1) "" Word Icon
Affidavit of Service with Orders (CAO FL 2-2) "" Word Icon
 Service by Publication
Instruction 1-4 Service by Publication (CAO FL Instruction 1-4) "" Word Icon
Motion and Affidavit Serve by Publication (CAO FL 1-4) "" Word Icon
Summons by Publication (CAO FL 1-6) "" Word Icon
Order for Service (CAO FL 1-5) "" Word Icon
Affidavit Mailing Per Order for Publication (CAO FL 2-3) "" Word Icon

Guide & File is an on-line tool that guides filers through a series of questions to gather the necessary information to complete and file court forms remotely.

Begin with Start a Filing, then select the interview for Divorce (No Children)- Step 2: Serve (Deliver the Documents) . After completing the interview you can either directly e-file, or print the forms and bring them to the court to file.

You need to have your case number available to e-file the forms in this Guide & File step.

Third Step – Finalizing the Divorce

By Default
Instruction 7-1 Finalizing Divorce by Default (CAO D) "" Word Icon
Motion and Affidavit for Default (CAO FL 7-6) "" Word Icon
Default (CAO FL 7-4) "" Word Icon
Affidavit in Support of Default Decree No Children (CAO D 7-6) "" Word Icon
Forms Needed for Some Default Cases
Motion Affidavit Default Counterclaim (Cv 7-3) "" Word Icon
Notice of Intent to Default (Cv 7-5X) "" Word Icon
 By Stipulation
Instruction 6-1 Finalizing Divorce by Stipulation (CAO D) PDF icon Word Icon
Stipulation for Decree (CAO D 6-8) PDF icon Word Icon
Amended Decree and Stipulation
Stipulation for Amended Divorce Decree (D 9-1) PDF icon Word Icon
Decree for Divorce Without Children
Instruction CAO D Instr 1-2 Completing Divorce Decree No Children PDF icon Word icon
Divorce Decree No Children (CAO D 8-3) PDF icon Word Icon
Decree for Divorce With Children
Instruction D Instr 8-1 Completing Decree of Divorce with Children PDF icon Word icon
Divorce Decree Children (CAO D 8-1) PDF icon Word Icon
Child Support Order Transmittal (CSS 809) PDF icon Word Icon
Guidelines for courtroom Behavior (CAO Cv Inst 4-1) PDF icon Word Icon
Sample Default with Children Hearing Narrative (CAO D Inst 8-5) PDF icon Word Icon
Stipulation for Amended Decree of Divorce
Stipulation for Amended Divorce Decree (D 9-1) PDF icon Word Icon
 Forms Needed for Some Default Cases
Notice of Intent to Default (CAO Cv 7-5x) PDF icon Word Icon

Guide & File is an on-line tool that guides filers through a series of questions to gather the necessary information to complete and file court forms remotely.

Begin with Start a Filing, then select the interview for Divorce (No Children)- Step 4: Finalize . After completing the interview you can either directly e-file, or print the forms and bring them to the court to file. You need to have your case number available to e-file the forms in this Guide & File step.

If your case is uncontested (no response filed) or you and your spouse are in agreement to finalize your case, skip Step 3: Respond. Only the Respondent spouse would use Step 3 to contest the case (file a Response or Response and Counterclaim) if they disagree and the two of you can’t reach an agreement.

Modification of a Decree, Judgment or Order

These forms can be used to modify divorce decrees, as well as child support and custody orders, judgment and decrees.

E-Filing instructions and links are available on our Resources page.

 Filing by Petition
Online Form Guide for Ada County CAO Remote Services PDF Icon
Instructions 1 Filing for Modification (CAO M) "" Word Icon
Instructions CAO M Instr 1-1 Completing a Petition to Modify (CAO M) "" Word Icon
Family Law Information Sheet (CAO FL 1-1) "" Word Icon
Petition to Modify an Order, Judgment or Decree (CAO M 1-1) "" Word Icon
Summons with Orders (CAO FL 1-3) "" Word Icon

If you are changing Child Support you will need the following Forms.

Changing Child Support Forms
In place of *FL 1-11, 12, 13 send Family Court Services this form- PDF icon
*Affidavit Verifying Income Child Support (CAO FL 1-11) "" Word Icon
*Shared Custody Worksheet (CAO FL 1-12) "" Word Icon
*Standard Child Support Worksheet (CAO Fl 1-13) "" Word Icon

If you are changing Custody/Visitation you will also need

Changing Custody/Visitation
Parenting Plan (CAO FL 3) "" Word Icon

For help with the Parenting Plan and child support calculations, please contact Family Court Services at 208-287-7600. Above is a form provided by Family Court Services (open with Adobe Reader to access the fillable format) for email assistance with child support calculations in place of the hand calculation forms Affidavit Verifying Income and child support worksheets (FL 1-11, 12, 13). You can find all contact information for Family Court Services on their website.

The Bannock County Court Assistance Office provides a helpful video on YouTube that gives an overview of the custody portion of a Petition. If you are filing in Ada County please mark the Parenting Plan discussed in their video as Schedule A, instead of Exhibit A, which you will see is used to refer to the Plan in our forms. You can find a list of legal clinics statewide on the website for the Idaho Volunteer Lawyers Program.

Proof Paperwork has been Served
Acknowledge Service for Modification (CAO FL 2-1) PDF icon Word Icon
Affidavit of Service for Modification (CAO FL 2-2) PDF icon Word Icon
Finalizing a Modification by Stipulation
Finalizing Modification Case (CAO Inst M/P 6-1) PDF icon Word Icon
Stipulation for Entry of Order, Judgment or Decree (CAO FL 6-1) PDF icon Word Icon
Judgment of Modification (CAO M 8-1) PDF icon Word Icon
Child Support Order Transmittal (CSS 809) PDF icon Word Icon
Finalizing Modification by Default
Finalizing Modification Case (CAO Inst MP 6-1) PDF icon Word Icon
Motion Affidavit Default Modification (CAO FL 7-6) PDF icon Word Icon
Default (CAO FL 7-4) PDF icon Word Icon
Judgment of Modification (CAO M 8-1) PDF icon Word Icon
Child Support Order Transmittal (CSS 809) PDF icon Word Icon
Forms for Modification When Health & Welfare is a Party to the Case
Petition to Modify H&W (CAO GCSM 1-1) PDF icon Word Icon
Acknowledgment of Service H&W (CAO GCS 2-1X) PDF icon Word Icon
Affidavit of Service H&W (CAO GCS 2-4X) PDF icon Word Icon
Judgment of Modification H&W (CAO GCSM 8-1) PDF icon Word Icon

Custody, Support, and Paternity

On this portion of the website, you’ll find information on filing for custody, child support and the paperwork you’ll need to prove paternity, among other things.

Additional child support and custody paperwork may also be found in our divorce section.

For information and guidance on electronic filing please see our Resources page.

Filing for Custody
Online Form Guide for Ada County CAO Remote Services PDF Icon
Instructions 1 Filling for Custody, Visitation and Support (CAO P) PDF icon Word Icon
Family Law Case Information Sheet (FL 1-1) PDF icon Word Icon
Instructions P 1-2 Completing Petition for Custody, Visitation, and Support (CAO P Inst 1-2) PDF icon Word Icon
Petition for Custody, Visitation, and Support (CAO P 1-2) PDF icon Word Icon
Summons (CAO FL 1-3) PDF icon Word Icon
Parenting Plan Agreement (CAO FL 3) PDF icon Word Icon
In place of *FL 1-11, 12, 13 send Family Court Services this form- PDF icob
*Affidavit Verifying Income Child Support (CAO FL 1-11) PDF icon Word Icon
*Shared Custody Child Support Worksheet (CAO FL 1-12) PDF icon Word Icon
*Standard Child Support Worksheet (CAO FL 1-13) PDF icon Word Icon

For help with the Parenting Plan and child support calculations, please contact Family Court Services at 208-287-7600. Above is a form provided by Family Court Services (open with Adobe Reader to access the fillable format) for email assistance with child support calculations in place of the hand calculation forms Affidavit Verifying Income and child support worksheets (FL 1-11, 12, 13).You can find all contact information for Family Court Services on their website.

The Bannock County Court Assistance Office provides a helpful video on YouTube that gives an overview of the custody portion of a Petition. If you are filing in Ada County please mark the Parenting Plan discussed in their video as Schedule A, instead of Exhibit A, which you will see is used to refer to the Plan in our forms. You can find a list of legal clinics statewide on the website for the Idaho Volunteer Lawyers Program.

Proof Paperwork has been Served
Acknowledgment of Service by Respondent (CAO FL 2-1) "" Word Icon
Affidavit of Service (CAO FL 2-2) "" Word Icon
Finalizing Custody
Instructions Finalizing a Custody Case (CAO MP Instr 6-1) "" Word Icon
Custody by Default
Instruction CAO P Instr 8-2 Completing Decree for Paternity, Custody, Visitation, Support "" Word Icon
Motion Affidavit Default (CAO FL 7-6) "" Word Icon
Default (CAO FL 7-4) "" Word icon
Decree of Paternity, Custody, Visitation, Support (CAO P 8-2) "" Word Icon
Child Support Order Transmittal (CSS 809) "" Word Icon
Custody by Stipulation
Instruction CAO P Instr 8-2 Completing Decree for Paternity, Custody, Visitation, Support "" Word Icon
Stipulation for Entry of Order, Judgment or Decree (CAO FL 6-1) "" Word Icon
Decree of Paternity, Custody, Visitation, Support (CAO P 8-2) "" Word Icon
Child Support Order Transmittal (CSS 809) "" Word Icon
Registering a Custody Decree or Order from Another State
Family Law Case Info Sheet PDF icon Word Icon
Instruction Registering Another States Custody Order (CAO FLE 1-2) PDF icon Word Icon
Notice Registration of Child Custody Order (CAO FLE 1-1) PDF icon Word Icon
Application for Registration of Child Custody Order (CAO FLE 1-2) PDF icon Word Icon
Request Hearing on Registration of Child Custody Order (CAO FLE 3-1) PDF icon Word Icon
Terminate Income Withholding Order for Child Support
Family Law Case Info Sheet "" Word Icon
Instruction 10-4 for Motion and Affidavit to Terminate Income Withholding Order  (CAO FLE) "" Word Icon
Motion to Terminate Income Withholding Order for Child Support (CAO FLE 10-4) "" Word Icon
Instruction for Motion to Terminate Income Withholding Order (CAO FLE 10-6) "" Word icon
Order to Terminate Income Withholding Order (CAO FLE 10-6) "" Word Icon
Notice of Hearing on Motion to Terminate Income Withholding Order (CAO FLE  10-5) "" Word Icon

Use these forms if you have an already existing Health and Welfare child support order/judgment/decree in Ada County and you are trying to consolidate it with a custody or divorce action.

If you have filed a divorce or custody case and the Department of Health and Welfare has filed a separate case against either parent to establish a child support order, you should file documents to ask the court to combine the child support case with the divorce or custody case you have filed. The support and custody issues regarding your child/children will then be in the same file and heard by the same judge.

You can find forms for all other Idaho counties from the statewide Court Assistance Project website www.courtselfhelp.idaho.gov.

Consolidation of Cases
Consolidate Cases (CAO GCS Inst 4-18) "" Word Icon
Motion to Consolidate (CAO GCS 4-18) "" Word Icon
Notice of Hearing on Motion to Consolidate (CAO GCS 4-19) "" Word Icon
Order to Consolidate (CAO GCS 4-21) "" Word Icon
Consolidate Stipulation (CAO GCS 4-20) "" Word Icon

In a case to establish paternity (legally confirm the identity of the biological father of a child or children), any party may ask the judge to order the mother, the alleged father and the child to participate in genetic tests to determine paternity.

There are separate steps to follow if the Department of Health and Welfare is a party in the case. Please read the paperwork listed below carefully and if you can, talk with an attorney.

Forms if Health and Welfare is Not Involved in your Case
Instruction for Motion for Genetic Tests (CAO PPi 4-7) "" Word Icon
Motion for Order for Genetic Tests (CAO FL 4-7) "" Word Icon
Order for Genetic Tests (CAO FL 4-14) "" Word Icon
Notice of Hearing Genetic Tests (CAO FL 4-13) "" Word Icon
Forms if Health and Welfare is Involved in Your Case
Motion for Genetic Tests HW CSE (CAO 13-10A) "" Word Icon
Order for Genetic Tests HW CSE (CAO 13-12A) "" Word Icon
Notice of Hearing Genetic Tests HW CSE (CAO 13-11A) "" Word Icon
Stipulation for Order HW CSE (CAO 6-9A) "" Word Icon
Instruction for Motion for Intervention (CAO GCSPi Instr 4-1) "" Word Icon
Motion for Intervention (CAO GCS 4-1) "" Word Icon
Order Allowing Intervention (CAO GCS 4-2) "" Word Icon
Notice of Hearing for Motion for Intervention (CAO GCS 4-6) "" Word Icon
Instruction for Motion for Joinder (CAO GCSPi Instr 4-3) "" Word Icon
Motion for Joinder (CAO GCS 4-3) "" Word Icon
Joinder Order (CAO GCS 4-4) "" Word Icon
Notice of Hearing Motion for Joinder (CAO GCS 4-5) "" Word Icon

Response Paperwork

The paperwork in this section is used to respond to a family law case that you are named in. Use the sub categories to help you find the correct paperwork for your situation. As always, these instructions are not a substitute for legal advice. We recommend you talk with a lawyer before filing any paperwork.

E-Filing instructions and links are available on our Resources page.

Notice of Appearance 
Responding to Divorce Petition and Family Law Case (CAO Instruction 3-1) PDF Icon Word Icon
Family Law Case Information Sheet (FL 1-1) required after 7/1/21 PDF Icon Word Icon
Notice of Appearance (Cv 3-1) "" Word Icon
Notice of Appearance in a Health and Welfare Case (Cv 3-1) "" word Icon
No Minor Children Response
Instruction 3-1 Responding to Divorce Petition and Family Law Case (CAO D) "" Word Icon
Instruction 3-2 Completing Family Case Response No Minor Children "" Word Icon
Family Law Case Information Sheet (FL 1-1) required after 7/1/21 PDF Icon Word Icon
Family Case Response No Minor Children (CAO FL 3-2) "" Word Icon
No Minor Children Response and Counterclaim
Responding to Divorce Petition or Family Law Cases (CAO Instruction D 3-1) "" Word Icon
Completing Family Case Response and Counterclaim  (CAO FL Instruction 3-4) "" Word Icon
Family Law Case Information Sheet (FL 1-1) required after 7/1/21 PDF Icon Word Icon
Family Case Response and Counterclaim No Minor Children (CAO FL 3-4) "" Word Icon
With Minor Children Response
Instruction 3-1 Responding to Divorce and Family Law Cases (CAO D) "" Word Icon
Instruction 3-3 Completing Family Case Response with Minor Children (CAO FL) "" Word Icon
Family Law Case Information Sheet (FL 1-1) required after 7/1/21 PDF Icon Word Icon
Family Case Response With Minor Children (CAO FL 3-3) "" Word Icon
With Minor Children Response and Counterclaim
Instruction 3-1 Responding to Divorce Petition and Family Law Cases (CAO D) "" Word Icon
Instruction 3-5 Completing Family Case Response and Counterclaim With Minor Children (CAO FL) "" Word Icon
Family Law Case Information Sheet (FL 1-1) required after 7/1/21 PDF Icon Word Icon
Family Case Response and Counterclaim With Minor Children (CAO FL 3-5) "" Word Icon
Parenting Plan (CAO FL 3) "" Word Icon
In place of *FL 1-11, 12, 13 send Family Court Services this form- PDF Icon
*Affidavit Verifying Income (CAO FL 1-11) "" Word Icon
*Shared, Split, Mixed Child Support Worksheet (CAO FL 1-12) "" Word Icon
*Standard Child Support Worksheet (CAO FL 1-13) "" Word Icon

For help with the Parenting Plan and child support calculations, please contact Family Court Services at 208-287-7600. Use this form provided by Family Court Services (open with Adobe Reader to access the fillable format) for email assistance with child support calculations in place of the hand calculation forms Affidavit Verifying Income and child support worksheets (FL 1-11, 12, 13). You can find all contact information for Family Court Services on their website.

Reply to Counterclaim
Reply to Counterclaim (Cv 3-5) "" Word Icon
Mandatory Disclosures
Instructions on Petitioner’s/Respondent’s Mandatory Child Support Disclosures (CAO FL Instr 5-1) "" Word Icon
Petitioner’s/Respondent’s Mandatory Child Support Disclosures (CAO FL 5-1) "" Word Icon
Petitioner’s/Respondent’s Inventory of Property and Debt (CAO RFLPPI 1-1)

Instructions for Inventory of Property and Debts (CAO RFLPPi 1-2)

"" Word Icon
Certificate of Service (CAO FL 4-4) "" Word Icon
Idaho Rule of Family Law Procedure (IRFLP) 401
Idaho Rules of Family Law Procedure (IRFLP) Forms
Instructions for Affidavit re: Motion for Temporary Orders (CAO RFLPPi) "" Word Icon
Affidavit re: Motion for Temporary Orders (CAO RFLPPi 1-3) "" Word Icon
Instructions for Uniform Family Law Interrogatories "" Word Icon
Uniform Family Law Interrogatories (CAO RFLPPi 1-4) "" Word Icon
Certificate of Service (CAO FL 4-4) "" Word Icon