Idaho Divorce Legal Questions

TUnless specifically required by the language of your wife's current child support orders, you aren't legally obligated to provide a gopy of the policy or card, or give information about the policy to your wife's former spouse.  However, assuming that there are healthcare expenses that aren't covered by Medicaid but would be covered under the terms of your policy, your wife may be liable for a portion of those expenses--again, depending upon the terms of  her child support orders-- if her former spouse isn't able to provide your insurance information to a particular healthcare provider.   That said, you might consider what it is you fear may happen by giving the former spouse the insurance information.  If you think he may use it to try to obtain coverage for healthcare expenses for someone else, your isurance company won't pay them, because those other people won't be named in the policy.  If you think he may try to obtain other information about you from your insurance company, the insurer won't(or shouldn't) give him the information because he isn't the person who owns the policy.    Providing the information/cards directly to the provider also may not guarantee that the former spouse wouldn't be able to obtain the information the inforamtion from the provider just by requesting it, even though the provider probably shouldn't be sharing it with him. (You know the drill--a person calls a busy medical office and says, "We've lost the card--can you read the policy information to me?"). In short, you and your wife may be better off finaincially to bite the bullet and provide the information directly to the former spouse.    ... Read More

Why do you think she needs an Idaho attorney?  Has her spouse ever resided in Idaho? How long has her husband lived in Wyoming, and did she live there with him during the marriage?  Do the parties have any minor children?  is she trying to obtain her divorce in Idaho or Wyoming?  The answers to these questions will help inform an attorney enough to be able to answer your question adeqately.  ... Read More

Yes.  In fact, that is the correct order of events:  First the Petitioner files the petition for divorce with the Court, then the Petitioner serves the Respondent.  it's also legal for a person to file a petition for divorce, then wait a considerable amount of time before serving the Respondent.    ... Read More

Where are you in your divorce proceeding?  Are you both representing yourselves in the divorce?  In whose name is the trailer titled?  How long had you two been physicaly separated when you went back to retrieve your belongings?  What's the value of the items he threw away? Has the sale been brought to the attention of the Judge?  Without this information, it's really not possible to give you a meaningful opinion. merrisnaugle.com      ... Read More

You were supposed to AMEND, not APPEND your tax return. If you and your husband filed a joint return you would be responsible with him for taxes regardless of the divorce decree which does not bind the IRS. If the return is going to be amended you should try to avoid signing the return with an explanation that you don't want to create liability for what should be his tax responsibility. You need to have assistance from a tax attorney.... Read More

As a general rule divorce court judges can only send people to jail if/when they find the person in contempt of court. And even then jail is not the first option. Divorces are civil cases. Civil cases are generally do not involve jail time. Domestic violence is a crime. In a criminal case jail is always a possibility, even when the offense is relatively minor, such a disorderly person; in serious cases (such as murder) jail is a given. Prosecutors file criminal charges after receiving a police report about a given incident. If you do not file a report with the police then the prosecutor's office will not know about your situation.... Read More

I think you need to sue him outside of divorce court for the value of the items he took. You will need the text messages to show that he has your property. The problem in the divorce case is that the property was not "in you possession" and you don't have any right to it under the decree.... Read More

If the divorce decree said those items were allocated to you, yes. If the verbal agreement was different from the final decree, then no. The only thing a court can consider post decree is an issue the parties either forgot to address in the decree or that was unknown by a party at the time of the decree.... Read More

I would've hoped that you had an attorney during the divorce proceeding, and if you did that is the person to consult. Otherwise you will have to take your proofs to the court and file motion to have your property returned to you if it is determined that under the judgment as entered, and the evidence you can provide, you are entitled to it.... Read More

Now living in a different state than where you were married is not a problem. You file where you currently reside so long as you meet the six month residency requirement of the state of California. The problem is that you must get him served. If you can do that, then you can proceed with the action. You should consult a family law attorney familiar with international issues.... Read More

Unless they were finally divorced, they were married. You certainly portrayed a very convoluted, and potentially relevant fact situation. I would suggest that if anyone is concerned about these matters that they engage an attorney to do an investigation and review all of the known information. After that an opinion, and potential plan of action can be formulated.... Read More