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Idaho Divorce Questions & Answers

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 how the court... Read more »

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 calculation, because... 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 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 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 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 take.... 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 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 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 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 purchased the...
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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 isnt... Read more »

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 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 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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