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Idaho Divorce Questions & Answers
1 Answer | Asked in Divorce for Idaho on
Q: I need to find out if I qualify for an annulment.

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?

Kevin M Rogers
Kevin M Rogers 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...
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1 Answer | Asked in Divorce for Idaho on
Q: I live in Idaho, spouse is in our home in Oregon. Can I use an Idaho lawyer for a divorce?

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 »

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

1 Answer | Asked in Divorce for Idaho on
Q: When do stipulations become binding?

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 »

Kevin M Rogers
Kevin M Rogers 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...
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1 Answer | Asked in Divorce for Idaho on
Q: signed a quitclaim deed when I got divorced. Ex had 2 years to refinance the home. she has not yet. what are my options?

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?

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

1 Answer | Asked in Divorce for Idaho on
Q: Can I get compensation for half of the value of the appliances of we sell our house during the divorce?
Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Idaho on
Q: If a nco order forces me to leave the home I own what are my options
Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Should long distance custody agreements allow for children to miss up to two weeks of school per year for non custodial?

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 »

Kevin M Rogers
Kevin M Rogers 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?

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Me and my wife are going thru a divorce we used or to co own car. She is taking my name off it. I paid for most of it.

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.

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

1 Answer | Asked in Divorce and Business Law for Idaho on
Q: If I financed the acquisition of my son's business, it it considered community property in a divorce?

I gifted him stock which he sold to afford the purchase

Kevin M Rogers
Kevin M Rogers answered on Oct 4, 2020

It sounds like personal property by gift, if it can be substantiated, and therefore, NOT community property!

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can a parent with temporary custody in Oregon go back on a mutual agreement and decide to go strictly by the RO?
Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: What if its an amicable divorce and we both want 50/50 custody and we both don't want child support involved.

Can we just not have either spouse pay child support?

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

1 Answer | Asked in Divorce for Idaho on
Q: Divorced 2009, Idaho. Found out that I am still on the mortgage. What is my recourse?

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... Read more »

Kevin M Rogers
Kevin M Rogers 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...
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1 Answer | Asked in Divorce for Idaho on
Q: Is using electronic evidence against a cheating spouse illegal in Idaho?
Kevin M Rogers
Kevin M Rogers answered on Jun 19, 2020

Nope. Just don’t be caught surveilling him, you could be charged with “Disturbing his peace.”

1 Answer | Asked in Divorce for Idaho on
Q: My husband owned the home prior to our marraige.

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... Read more »

Kevin M Rogers
Kevin M Rogers 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.

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 »

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