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Idaho Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Idaho on
Q: A wife cheats on husband, gets pregnant, lets husband believe he is father until he files for divorce, he get custody?

She would not have divulged info had she not been prevented from leaving the state of Idaho.

T. Augustus Claus
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answered on Oct 18, 2023

In Idaho, family law matters can be complex. Infidelity and paternity issues may be considered during divorce and custody proceedings. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Idaho on
Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?

It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both... View More

Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have... View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for Idaho on
Q: I'm a disabled woman with an income of less than $1000. per month. My husband makes $6000 and cut his money off.

I need to know what my legal rights are. I can't afford a divorce although I have to have some kind of legal separation. What am I entitled to? He had his check rerouted.

T. Augustus Claus
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answered on Jul 6, 2023

Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair... View More

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: what if I cannot produce evidence asked for in discovery

I'm at interogatory part of divorce. I've also run out of money to continue. I've answered ??? to the best of my ability but I cannot produce all the things the other side wants. In addition I'm in assisted living following an incomple sci and TBI....I cannot walk or drive....I... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

Almost all credit card and bank statements are available online to the account holder. If you haven't already signed up, you can do so at any time. Most such companies make your statements available to you in a manner that allows you to download them to a computer in a .pdf file. There is... View More

1 Answer | Asked in Divorce, Contracts and Family Law for Idaho on
Q: How Do I Get Out Of This Car Loan Situation (Divorce)?

I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you... View More

1 Answer | Asked in Divorce for Idaho on
Q: If an LLC in Washington State gets rents, would the rents become Community Property if both spouses live in Idaho?

My husband has an LLC in Washington state that collects rents on many rentals. I have worked on the rentals as help to the LLC. the LLC was created before we were married

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Yes.

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Hi, I was just wondering if a marriage certificate supersedes a custody order

Hi, I was just wondering if a marriage certificate supersedes a custody order

For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 27, 2022

The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce... View 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... View More

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... View 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,... View 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,... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View 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...
View More

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... View 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 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... View More

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