Idaho Divorce Questions & Answers

Q: I'm staying home mom homeschooling my children. Will the court require me to find a day job when going through a divorce

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 24, 2019
Kevin M Rogers' answer
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 they're told they must. So, be prepared to give a monthly "income" amount for purposes of CS.

Q: Idaho divorce; House purchased during marriage. One party used traceable money from an inheritance to make down paymen

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 24, 2019
Kevin M Rogers' answer
Yes. As long as it is strictly traceable and NEVER commingled.

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?

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
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.

Q: How long is the process for divorce in Idaho if both parties are amicable?

1 Answer | Asked in Divorce for Idaho on
Answered on Nov 12, 2018
Kevin M Rogers' answer
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. Typically, your wife will take her parents' advice or friends' advice and seek out a lawyer's opinion after you and she split the sheets. This lawyer if he knows what she's doing, will tell her that she has...

Q: My ex has our house from the divorce in April 2018. My name is still on the mortgage. He has started remodeling.

1 Answer | Asked in Divorce for Idaho on
Answered on Jul 30, 2018
Mark R Petersen's answer
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 wait to remodel until after completing the refinance. However, if the decree has not specific language that prohibits his use of the home, then he most likely does not need your consent to remodel.

Q: Does America accept divorces obtained in Denmark? (Regards to K1 visa)

1 Answer | Asked in Divorce and Immigration Law for Idaho on
Answered on Feb 21, 2018
Jordan C. Moody's answer
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. agencies will as well.

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?

1 Answer | Asked in Divorce and Family Law for Idaho on
Answered on Jan 31, 2018
Paul Waldron's answer
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 vehicle? Did you put your ex's name on the title of the vehicle? Did you also use marital funds to purchase, repair, maintain or insure the vehicle? If so, it is likely that you commingled that...

Q: I'm bulgarian citizen, married to american. I want file a divorce

2 Answers | Asked in Divorce and Immigration Law for Idaho on
Answered on Jul 3, 2016
Camlinh Nguyen Rogers' answer
Discuss with a divorce attorney about your divorce question.

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?

1 Answer | Asked in Divorce and Family Law for Idaho on
Answered on Sep 23, 2015
Leonard R. Boyer's answer
You have no cause of action against you Dad. It is unfortunate, you just need to move on. Good luck.

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

1 Answer | Asked in Family Law and Divorce for Idaho on
Answered on Jan 27, 2011
Patrick Kershisnik's answer
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 you meet the above criteria you may well receive it. However, often when spousal support is awarded, and that is not very often in Idaho, it will only be temporary. A temporary award of support is...

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