Yes.

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... Read more »

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 »

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 »

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 »

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 »

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 »

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 »

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.

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 »

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 »

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 »

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.

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 »

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 »

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 »

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 »

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 »

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 »

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 »