T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2023

Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair... View More

Almost all credit card and bank statements are available online to the account holder. If you haven't already signed up, you can do so at any time. Most such companies make your statements available to you in a manner that allows you to download them to a computer in a .pdf file. There is... View More

This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you... View More

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... View 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,... View 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... View 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,... View 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... View 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... View More

Yes.

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... View 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... View 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... View 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... View 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... View 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... View 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"... View 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... View More