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Idaho Divorce Questions & Answers
1 Answer | Asked in Divorce for Idaho on
Q: My sister is getting a divorce, can her soon to be ex, make her pay a fee whenever he has to clean up after her?

My sister is a full-time mom, she homeschools their son, does house cleaning for others, and is expected by her husband to have the house cleaned and food on the table by the time he gets him. Right now through, my sister is trying to divorce him because he is emotionally and psychologically... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

The husband is guilty of manipulation and severe, emotional abuse of your sister and (probably) their son. Idaho, like most other states can give your sister a divorce for FAULT reasons, not just "irreconcilable differences" which is "no fault." IN a divorce, if your sister,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can I lose custody if my child is in daycare to much even if the judge mandated it?

Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)

I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Idaho on
Q: My husband and I separated, I applied for daycare and food stamp assistance. Child support now wants to open a case.

I don’t want to go through child support to calculate,we want to solve our issues regarding financial support for our children amicably, can we go about that without further action from child support?

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

Nope. By applying for Idaho benefits, Idaho has a "vested interest," in making sure that whatever monies it has provided you, are paid back. That means that whatever you and your husband thought you had decided, may be okayed by the Court, but the Department of Health and Welfare,... Read more »

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: Does a QRDO override a divorce decree? My decree states I forgo my ex’s retirement. But there is not a QRDO filed.

Married 1982- 1996, I was a stay at home mom for the first 11 years of marriage . I agreed under duress because at the time my X Threatened he would leave the state and not give me even child support . Fast forward to today. My X is retiring and asked need to sign a waiver of pension benefits. I... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

A QDRO does not override a Divorce Decree, it merely directs the Plan Administrator on how to divide a 401k or military or state retirement. It's simply the "instructions" on how to do it. So, the answer is probably YES you would have the right at this point to get a large portion... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Am I responsible to store ex's personal belongings that he was to make arrangements to have picked up w/in 90 days

Ex has been incarcerated since 2018 to present. Am I responsible to store his belongings after divorce was final and gave him 90 days?

Also, if I was to pay ex for equity of home and nor him or his attorney provided Deed of Trust address. Do I still have to pay? Is there a statute of limitations?

Kevin M Rogers
Kevin M Rogers
answered on May 8, 2022

As to your ex’s belongings. What I recommend is that you send him a letter, while he’s in jail, telling him that he has 30 days to have someone (preferably family) pick up his belongings and that if no one comes within 30 days, you will dispose of his things as you see fit.

As to your...
Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Idaho on
Q: my husband in in jail for two days and will be brought to the court tomorrow. He has got dimentia or some disfunction

He won't get help and I fear for my life. Can we file something with his mental and start divorce? He wants to hurt me after 55 years of caring for him and it has come to this. I am truly scared of him. What are my rights?

Kevin M Rogers
Kevin M Rogers
answered on Mar 20, 2022

Idaho Code allows a Petitioner to seek out a Civil Protection Order. All you need to do is go into the Clerk's Office and ask for Civil Protection papers, and the Clerk will give them to you. They might even have a "Court Assistance Office" to help you fill out the papers. Once... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Default divorce in Idaho, do I need to submit something after the CAO CV 7-1?

I have a question about divorce in Idaho. I have sent in all the forms, she was served and did not respond. I have submitted the CAO CV 7-1 and under Affidavit in Support of Default it has Comments: Decree of Divorce. However, it still says Active-Pending under status. I just want to make sure that... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Feb 6, 2022

Yes there is a 21 day waiting period. Let us know 3-5 days after that time passed. You should receive the Decree within that amount of time.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Idaho on
Q: Been paying ch. supp. for a year, no order. Can I be credited for voluntarily paying when complaint for divorce filed?

Have been paying for my 2 daughters since Sept. of last year without any type of legal documentation. Wife moved against my wishes to Idaho while I went back to San Diego (we were in Italy) as am in Navy, but she committed to working on our marriage. I trusted her but it seems as she just said... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Oct 1, 2021

It sounds as though she did trick you, in order to establish residency in Idaho. I don't know what was going on at the time she wanted to move back to the states between you two. But it doesn't matter now. She has filed for divorce, in Idaho. Here are some suggestions, with the most... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: during marriage I borrowed money purchased sole an separate property. No community funds were used hubby

he signed quit deed at closing to me

Kevin M Rogers
Kevin M Rogers
answered on Sep 6, 2021

What is your question? WA is a community property state, so is Idaho. The property you purchased is "presumed" to be 1/2 his.

You can "prove" you purchased the property with "separate money," but it will be your burden to prove. The fact that he signed a...
Read more »

1 Answer | Asked in Divorce for Idaho on
Q: If there is an existing CPO, can the order be dropped and terms of the CPO be rolled into a temporary divorce order?

Can the parameters of the protection still be enforced if in a temporary divorce order?

Kevin M Rogers
Kevin M Rogers
answered on Aug 27, 2021

Yes, these two documents, Civil Protection Orders sometime continue through the divorce proceeding. However, the Civil Protection Order is a "stand alone document," and doesn't need a divorce proceeding to survive. The statute says that after the first continuance of the CPO, you... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: My husband has refused to turn over property in his possession that was awarded to me in final court decision. What now?

I have asked via phone, email, and text. What options do I have?

Kevin M Rogers
Kevin M Rogers
answered on Aug 10, 2021

If I were you, I would file a Motion for Contempt. This motion will put him on notice quickly, that you are NOT playing games and if he continues to play "keep away," he may actually end of spending time in jail.

1 Answer | Asked in Divorce for Idaho on
Q: married less then a tear. Purchased a property as my sole and seperate property using borrowed funds from my parents as

down plus put additional funds from my parents into property to make it livable. Husband signed quit deed to me a closing via title company. He is in prison now. I filed for divorce, he wants half of the equity in house as community property.

Kevin M Rogers
Kevin M Rogers
answered on Aug 10, 2021

Idaho is one of 9 states which have "community property laws." This means that from the date of marriage until divorce or death, everything purchased, from cars to houses, belong equally to both husband and wife. Of course, parties often attempt to "over rule" those laws, as... Read more »

1 Answer | Asked in Divorce and Child Custody for Idaho on
Q: Ex trying to meet any new romantic partner of mine and require my new relationship be 6 months old before introducing

Child to said romantic partner. Is this allowed?

Kevin M Rogers
Kevin M Rogers
answered on Jul 30, 2021

There are no laws governing how ling you should wait before introducing your child to new people in your life. However, judges may look at too rapid an introduction as "not good" and jydge you accordingly. There are many "factors" that judges go into when trying to make... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: My husband was given power of attorney over his dad's property one-year before we were married, the will says it goes to

My husband then down the line in family ify husband died. The father died 4 months after our marriage, it's now legally his, with the will of continued family pass down. No prenup was signed, in a divorce so I have rights

Thank you

Kevin M Rogers
Kevin M Rogers
answered on Jun 18, 2021

Every state was given the opportunity to adopt the "Uniform Probate Code." Washington adopted it and had changed a few things over the years. However, one thing that remains the same is that someone who dies with a will has the opportunity to make "devices" "gifts"... Read more »

1 Answer | Asked in Child Custody and Divorce for Idaho on
Q: My wife got arrested out of the State of Idaho for trafficking. Is there emergency divorce help to protect me and kid?

She is out on Bond in Glenwood Springs CO

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

The UCCJA "uniform child custody jurisdiction act," says that a child's "home state" is where the child has lived for the six (6) months immediately preceding the filing (of the divorce etc.) that you're talking about. So, first question, where has the child lived for... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: I was divorced 5 years ago, now I have a judgment for garnishment on a bill my ex husband was ordered to pay.
Kevin M Rogers
Kevin M Rogers
answered on Mar 4, 2021

You may have the right to hold your ex-husband in "CONTEMPT," for refusing to abide a Court Order for him to pay bills that were assigned to him by the Court. However, the creditor was obviously NOT apart of your agreement with your ex-husband or a party to your divorce, so when the... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: I need to find out if I qualify for an annulment.

We got married in August, and turned abusive. I know have a restraining order on him for domestic violence and stalking. So is there a way to annul it or no?

Kevin M Rogers
Kevin M Rogers
answered on Jan 14, 2021

Idaho has an Annulment law. Either party to the marriage may annul the marriage for any of the following reasons:

1. Under 18 when married;

2. Did not receive parent or guardian's permission if under 18 when married;

3. Bigamy;

4. Unsound mind. Unless you...
Read more »

1 Answer | Asked in Divorce for Idaho on
Q: I live in Idaho, spouse is in our home in Oregon. Can I use an Idaho lawyer for a divorce?

I need a tough lawyer that won't enable him to take it all and leave me with nothing. My husband is a tough negotiator and will give you a run for your (my) money. :) We began our marriage 23+ years ago and had zero debt when we wed. I want every single cent I am entitled to. I put in just as... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 3, 2021

Personal jurisdiction for divorce and post divorce is unique in Idaho. Typically you would sue the defendant where he/she lives, but in Idaho it's reversed. As long as YOU can establish personal jurisdiction in Idaho, then it wouldn't make any difference where the real property is... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: When do stipulations become binding?

Stipulation was filed November of 2018. Among other things, stipulation agreed that one parent would not claim the children on their taxes in even years. The stipulation became a decree when signed on Feb 4th, 2019. However parent claimed minor children on their taxes stating that it did not go... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Dec 30, 2020

Stipulations are "agreements." Agreements can be ruined by:

1. Arguing against it in open court;

2. Failing to draft and file a proposed DECREE or ORDER consistent with the Stipulation; and,

3. Acting against it.

If the party claimed the children in 2019...
Read more »

1 Answer | Asked in Divorce for Idaho on
Q: signed a quitclaim deed when I got divorced. Ex had 2 years to refinance the home. she has not yet. what are my options?

When my ex and I got divorced, I signed a quitclaim deed on the home and gave her everything. In the judgement for divorce, it states that she shall refinance the property within 2 years. We are approaching the 2 year mark and she has not refinanced. What legal options do I have?

Kevin M Rogers
Kevin M Rogers
answered on Dec 16, 2020

I would send her an email and ask what the problem is and why she hasn't refinanced the property yet? When she answers you, listen to what she says carefully. "Contempt" is the "willful violation of a court order." If she has tried and her credit shows that she has, yet... Read more »

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