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- 1). Determine which court you will be filing your petition in. In Idaho, one of seven district courts will have jurisdiction over your petition for separation. Where you file is generally based on where you have been living for the last three to six months. Contact the court directly to make sure you have the correct court before preparing your petition.
- 2). Read the local rules for the court you are filing in. These can usually be found on the court's website, at a local library or at a law school. Pay close attention to any procedural rules that you need to know.
- 3). Prepare the petition for legal separation. The petition must be titled with the name of the petitioner (you), the name of the respondent (your spouse) and the name of the court you are filing in. The petition must have a blank space for the cause number once it is assigned.
- 4). Complete the body of the petition with identifying information (full name and birth date) for you, your spouse and any minor children born of the marriage. You will also need information regarding when you were married, when you and your spouse officially started living apart, whether there are debts and/or assets to divide, whether there is property that you are asking for and whether you are asking for custody, child support or alimony. The court may address all of these issues, just as in a divorce, pursuant to Idaho Code Section 32-704(2).
- 5). Add a certificate of service clause stating that you have served your spouse with the petition. Sign and date the petition. Make several copies. Send a copy to your spouse via certified mail or have him or her served by the civil sheriff.
- 6). Contact the court to find out what the filing fee will be. Hand-deliver the petition and copies to the court or mail the petition and copies along with the filing fee. If you mail the petition, make sure that you also include a self-addressed, stamped envelope for the court to return a file-stamped copy to you after it is filed.
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