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... Read more »
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 »
he signed quit deed at closing to me
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 »
Can the parameters of the protection still be enforced if in a temporary divorce order?
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 »
I have asked via phone, email, and text. What options do I have?
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.
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.
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 »
Child to said romantic partner. Is this allowed?
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 »
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
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 »
She is out on Bond in Glenwood Springs CO
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 »
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?
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 »
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... 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 »
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... Read more »
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... Read 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?
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... Read more »
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... Read more »
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... Read 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... Read more »
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.
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... Read more »
I gifted him stock which he sold to afford the purchase
It sounds like personal property by gift, if it can be substantiated, and therefore, NOT community property!
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... Read more »
Can we just not have either spouse pay child support?
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... Read more »
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