Get free answers to your Divorce legal questions from lawyers in your area.
I have asked via phone, email, and text. What options do I have?
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.
Child to said romantic partner. Is this allowed?
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
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
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"... View More
She is out on Bond in Glenwood Springs CO
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
answered on Dec 16, 2020
Idaho is a community property state. If appliances were purchased during the marriage then "YES," you're entitled to 1/2 the money received. However, if appliances purchased during the marriage are sold after the divorce was filed, then the sale itself may be in violation of the... View More
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?
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... View More
answered on Nov 4, 2020
You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a... View More
My husband's ex moved out of state thousands of miles away to follow her new husband in his career in the air force. We're trying to come up with a parenting plan to allow as much time for her with the kids as possible, but she's wanting the kids to miss 2 weeks of school each year... View More
answered on Oct 24, 2020
Are these consecutive or contiguous weeks? Second question, two weeks is not a terribly long time. They can also take schoolwork home and study remotely so why are you willing to spend thousands of dollars on attorneys for something simple that you should be able to work out in emails?
Qe have a daughter of 2 years old o rely on the vehicle for transport if she takes it i would be out of work.
answered on Oct 20, 2020
She needs it because she has primary custody of the child, right? You "need" it because you have mostly made the payments on it, right? You don't also happen to own a pickup that YOU drive, do you? I'm sorry, this sounds S E L F I S H to me and a divorce judge will... View More
I gifted him stock which he sold to afford the purchase
answered on Oct 4, 2020
It sounds like personal property by gift, if it can be substantiated, and therefore, NOT community property!
answered on Jul 23, 2020
Yes, and judges will approve because courts are willing to acquiesce (notice I didn't say "approve") to people "doing their own thing," I'd be lying if I told you that they're happy about it. When those "private agreements" don't work between the... View More
Paperwork says he is to refinance and take me off the mortgage. He has a business on the property now. Is the quit claim null and void since he has not done what the judge ordered? What is my interest status on this property now? Cannot rent or buy a place because it is on my credit report and I... View More
answered on Jul 16, 2020
I believe you have two options:
OPTION 1: he is in contempt of court for failure to do what the court ordered him to do. You can ask the Court to so hold and he could be ordered to serve up to 30 days jail if he refuses to do what he's been asked to do.
OPTION 2: a better... View More
Can we just not have either spouse pay child support?
answered on Jul 21, 2020
This kind of amicable resolution is nice but it must be sanctioned by the Court. The Court will look at the agreement and determine if it's consistent with the support which the child would have received had child support been ordered. If the Court approves such an agreement it will look... View More
Since moving in all of my money goes to the household, and I did make more than he did but now I'm on SSD and our earnings are about the same. I don't want the house but legally after divorce what am I entitled to? I feel hung out to dry, he will come out ahead and I will have nothing to... View More
answered on Jun 19, 2020
You have no interest in the house if he did not put you on the title. You may have the right to Temporary Spousal Support.
answered on Jun 19, 2020
Nope. Just don’t be caught surveilling him, you could be charged with “Disturbing his peace.”
It was filed in canyon county idaho and person being served lives in Oregon and wasnt home when sheriff came to serve
answered on May 3, 2020
It was filed (obviously) in the wrong state. Nonetheless, it's okay to waste money having it filed in the wrong place - but it wasn't served either (yet), so the person being served (Respondent) still hasn't had the time to file a responsive pleading challenging the Jurisdiction of... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.