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Idaho Divorce Questions & Answers
1 Answer | Asked in Divorce for Idaho on
Q: In a divorce in idaho if sheriff returns papers unserved to the court what happens next will the case be closed

It was filed in canyon county idaho and person being served lives in Oregon and wasnt home when sheriff came to serve

Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: How do I divorce him when I don't know where he is?

He left a month after we married. I have never know an address. He refuses to tell me. We have a 19yr old daughter. She was born 11yrs before we got married. No financials link us. Always had our finances separate. No shared properties of any kind. No bills together of any kind. He won't... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 22, 2020

What a chump! He won’t go TOO far from his daughter and you probably wouldn’t be criticized if you published the Summons in a newspaper where you live. His daughter might have some idea where her father is too. You might also be able to get the court to waive your filing fees. Go down to the... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Ex purchased cell phones for our 11 & 12 year olds. I did not agree with purchases she wants full reimbursement.

Ex has had cell account under her name for the past 12 months and she is now demanding that I pay her for the usage since the children text me. The Decree of Divorce has no verbiage of usage of cell phone payment only communication reasonably available to both parties. I am liable for her cell... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

Nope, you're not and you can be a "dick" and not reimburse her one dime. But why wouldn't you want to help your ex provide cell phones to your kids? This is a situation that will come up over and over again till the kids graduate, so why be a stingy, hard ass? That's... Read more »

1 Answer | Asked in Divorce and Appeals / Appellate Law for Idaho on
Q: My boyfriend's now ex wife filed for divorce and it was granted without him even knowing that she had filed.

He got the paperwork in the mail today and on the debts part it says he has to pay $2000 for their old apartment that he moved out of, and informed the landlord, before she moved out. Is he able to appeal because he also wants some of his belongings she refuses to give back as well and it... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

In Idaho, it is not typical but certainly possible for her to have gotten a divorce without him knowing. Many times a woman may file and not know his whereabouts (or she swore under oath) at the time that she didn't. If she seriously DID know where he lived but lied about it then that is... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My ex-husband who I share 50/50 custody is seeking to put our daughter into a school under his girlfriends address.

Recently I reached out to my ex to discuss having to enroll our daughter into school. I reached out asking for his opinion in which I got no response through email. As he has blocked me on his cellphone (divorce violation). In addition, after reaching out multiple times he stated he was enrolling... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

This is going to be something you'll need to discuss with an attorney about all the pros and cons of trying to enforce the settlement agreement. While on its face there seems to be grounds for changes due to violating the court's orders, there are always consequences to filing and what... Read more »

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1 Answer | Asked in Divorce for Idaho on
Q: Can my husband of 30 yrs file divorce. Without me knowing Keep my alimony & etirement

I m disable do not WANT a divorce I live in Idaho he's CALIF and MY bones are very brittle I need to

TO know if he can he CHEAT me out of my alimony and his retirement. Cause he want to marry

Some one else I don't want divorce. Loose out 30 yrs marriage

Kevin M Rogers
Kevin M Rogers answered on Feb 5, 2020

I'm so sorry for you! After California designed the first "no fault divorce," every state that I'm aware of adopted the so-called "no fault divorce." This means, unlike in Hollywood movies gone by, where the protagonist would scoff at the wife and say,... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Idaho on
Q: Abusive absent father who is still legally married to his first wife, is trying to get 50 50 custody...help?

Been seperated 4 years, attempts at reconciling ending in mental and physical abuse for myself, During this time our 6 year old son has solely resided with me, with no financial support from father. Father was given chance after chance to be an active father and would always end up not following... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 5, 2020

If you and he had no previous custody order in place, then strictly speaking, he is NOTHING but a sperm donor. Simply by having his name on the birth certificate gives him NOTHING but obligations to pay child support. If he ever wanted to become the "father" of this 6 yr. old son, he... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Can my wife make me give her spousal support if I just recieved money from a brother passing away from a car accident?

We are currently getting a divorce.

Kevin M Rogers
Kevin M Rogers answered on Feb 5, 2020

My legal opinion is that a 1-time gift money left by your brother's will, insurance or trust or is not "income." Child Support and Spousal Support are based on "gross monthly income."

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
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.

Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

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... Read more »

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: How will the value of a separate property home be divided?

A home owned by one party prior to marriage was rented most of the marriage. Rent payments were deposited to a joint bank account prior to paying the mortgage invoice. Will full rent income be reimbursed to the community, or only the amount above what the mortgage payment was? Non owning party... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2019

In Idaho there is a presumption that property owned by the parties is "community property." The home was owned individually by one party but the income from it was deposited into a "joint account." Once the funds were deposited into their "joint" bank account, the... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: I'm staying home mom homeschooling my children. Will the court require me to find a day job when going through a divorce

We plan to divorce with an agreement about our assets. I may have a few hundred thousand in assets but I don't work at this time. I have an online business that doesn't bring serious money yet. I'm working on it. I would like to continue homeschooling my boys and I would like to know... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 24, 2019

Child support and custody are thE two issues in any divorce. If the Court asked you, "maam, what is your monthly income?" What would you say? Are you treating the "settlement money" like an annuity? I.e., taking a monthly sum every month? The Court will want to so a CS... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Idaho divorce; House purchased during marriage. One party used traceable money from an inheritance to make down paymen

Documentable tax forms show that the purchase was made using separate property (inheritance) from one spouse to make the down payment. The house is 50-50% otherwise in community property state. Both spouses are on the title. Is the down payment made using inheritance money deductible from the... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 24, 2019

Yes. As long as it is strictly traceable and NEVER commingled.

1 Answer | Asked in Divorce for Idaho on
Q: Helping my cousin who lives in Idaho for 5 years now but he wants a Divorce and she lives in Texas, where do I file?

Married in Idaho, Moved to Texas, I moved back to Idaho with our Children.

Kevin M Rogers
Kevin M Rogers answered on Mar 14, 2019

Are there children involved? That answer would dictate where to file anything. If there are NO children between them then just file in Idaho. Idaho only requires the Plaintiff's residence to be in Idaho for at least 6 weeks prior to the filing.

1 Answer | Asked in Divorce for Idaho on
Q: How long is the process for divorce in Idaho if both parties are amicable?

We have been married for 20 years, have 3 children (18,15,6) and will be filing in Idaho. Looking to get the divorce finalized by March 1st if possible. Reason is irreconcilable differences. What is involved and what is the duration of the process? We have lived separately since February of 2017. I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 12, 2018

It will take a minimum of 21 days for a default, if only one of you files and the other one just sits on their hands and does nothing. However, if you file the Petition and your wife files an Answer, then "amicable" won't begin to describe the end of the process or the time it will... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: My ex has our house from the divorce in April 2018. My name is still on the mortgage. He has started remodeling.

Does he need my consent to do this?

Mark R Petersen
Mark R Petersen answered on Jul 30, 2018

It will depend on the language in your decree of divorce. If the decree of divorce gives the property to him outright then he would have the right to remodel the home because it is now his property. If he is required to refinance the home and clear your name off the property, he probably should... Read more »

1 Answer | Asked in Divorce and Immigration Law for Idaho on
Q: Does America accept divorces obtained in Denmark? (Regards to K1 visa)
Jordan C. Moody
Jordan C. Moody answered on Feb 21, 2018

With a few nuances, the rule is that if the divorce decree is accepted by a recognized government, the U.S. agencies will recognize it for purposes of immigration, K-1 in your case.

So in this situation, if Denmark recognizes the divorce with the documentation that you have, then U.S....
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1 Answer | Asked in Divorce and Family Law for Idaho on
Q: I inherited $ from a grandparent. I used part of the money to buy a vehicle. My ex says it's now 1/2 hers. True?

I live in Idaho. Is this my property because of this or is my ex entitled to 1/2? Thanks

Paul Waldron
Paul Waldron answered on Jan 31, 2018

The legal answer is always, "It depends".

In Utah, your inheritance is your inheritance. However, it does depend on whether you commingled your inheritance money with marital assets prior to your divorce. For example, did you put the money in a joint bank account before you...
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2 Answers | Asked in Divorce and Immigration Law for Idaho on
Q: I'm bulgarian citizen, married to american. I want file a divorce

I have B1B2 visa. I met someone and I have been visiting him in ID for the last few years in as I thought serious relationship. We go married (6th of April) this last time I was there, few days before I left. I'm thinking to file a divorce now, as this person has been lying to me. Marriage... Read more »

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers answered on Jul 3, 2016

Discuss with a divorce attorney about your divorce question.

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1 Answer | Asked in Divorce and Family Law for Idaho on
Q: Can make a case against my dad for neglect after being left home alone at time from the ages of 6-8 years old?

I am 20 years old now and I am wondering if I can get a settlement for neglect from my dad for leaving me in his house alone for hours when I was between the ages of 6-8 years old. My dad fought for 50% custody when my parents got divorced. Now from what I know that means he would take me one week... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 23, 2015

You have no cause of action against you Dad. It is unfortunate, you just need to move on. Good luck.

1 Answer | Asked in Family Law and Divorce for Idaho on
Q: Im the husband. im dissabled for i have m.s. my wife asked for a divorce i dont workcan i get suport from her 25 yearsm
Patrick Kershisnik
Patrick Kershisnik answered on Jan 27, 2011

Idaho allows for spousal support in certain circumstances. Idaho Code 32-705 says that support can be awarded if one party lacks sufficient property with which to provide for their reasonable needs AND is unable to support themselves through employment.

You can always ask for support and if...
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