Asked in Child Custody, Divorce and Family Law for Idaho

Q: My wife cheated on me but i can’t prove penetration. Will i have any chance of keeping house and getting 50/50 custody?

My daughter is 2 years old. We bought the house 2 months after marriage.

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: In Idaho, irreconcilable differences gets the job done without the drama of proving guilt, which it sounds like you weren't there as the act was happening, so you can't prove guilt anyway. So, you CAN prove that you two no longer get along and that you want a divorce. ThE THING that generally dictates which one of you keeps the house is the one who can make the mortgage payment? Can you? If you can and she can, then it's a simple matter of one of you staying in the house and paying the other one to move out. How much you pay depends on her, up to 1/2 the equity. Now, 50-50% custody? Why? Do you work? How are you going to pick her up from school and take her to school? Can you do that? Which one of you has the schedule where they can do that? Take her to doctor's appointments, etc. THAT PERSON, will typically be the "Primary custodian," absent something irregular, such as illness or drug use etc. But you will have lots of time with your daughter, if you want, such as every other weekend, Spring Breaks, Christmas and alternating holiday breaks, 6-8 weeks of contiguous custody during the summer etc. Child support is determined by the income of both parents. Bills not covered by insurance are typically paid in accordance with the parties' pro-rata income determinations. Tax benefits can be calculated and credits given etc. I hope that answers your questions?

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