Idaho Divorce Legal Questions

Your business is community property as is his. You can't change that now. However, it is only the values of the businesses (assets) that get divided. I doubt your business has a great deal of monetary value and there is no doubt each of you would be awarded the business you run since it is your livelihood. Along with the business you will also get any debt associated with the business.... Read More

You should at the very least consult with an experienced family law attorney to have your documents reviewed. If there is any question about appropriate service of the documents, or proper notice to your husband then the trial may not go as scheduled. An experienced family law attorney can help you verify these potential issues.... Read More

I doubt that the State will pursue a criminal charge if it truly was an oversight on the part of the husband. As far as annulment, did the wife continue to live with husband after she found out, then leave and ask for the annulment or did she immediately cut off sexual relations with husband. If the former, it is possible that it will not be annulled. If the latter, it may very well be annulled. Now for the important part of the question that wasn't asked: is husband doing his best to get the first marriage terminated? If I were him, I would be.... Read More

In Arizona there is a self service center at most, if not all, superior court facilities. Here is a link to the Maricopa County superior court self service center online: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/ It would be in your best interest to at least consult with an experienced family law attorney to discuss your situatuon.... Read More

You should absolutely consult with an experienced family law attorney in your area, if possible with copies of the relevant documents on the house. You say you are on the note, but are you also on the deed to the property? In Arizona there is a very fact intensive determination to be made, and you do not provide sufficient information for an informed response. Without that information I would only say that your are certainly entitled to some of the equity in the house, but more information is needed to go beyond that.... Read More

I first suggest to you that you consult with an experienced family law attorney in your area to assist you, and with whom you may discuss procedures and divisions of property. In Arizona there is also a self service center at most county superior court facilities. Here is a link to the Maricopa County self service center online: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/ Here you may obtain forms and instructions about filing for dissolution. I again urge you to at least consult with an experienced attorney in your area.... Read More

In Arizona you are not divorced or legally separated just because you are not living together. It is best for you to consult with an experienced family law attorney to review the fastest way to finalize a divorce. Virtually all county superior court facilities include a self service center. Here is a link to the Maricopa County self service page for dissolution: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/ I will again say that there is no substitute for consulting an experienced attorney to assist you.... Read More

Worst case you will get dragged into court on a Motion for Show Cause for why you should not be held in contempt of the court..Albiet this would be very very late since you should have been dragged into court years ago when you were not making payments. So.. continue to make payments in good faith (as much as you can) to clear the arrearage keep track of how much you owe. Send the attorney a letter (keep a copy) saying you are paying as much as you can and you will continue to pay in good faith until the arrearage is taken care of. If they file the motion be sure to hire an attorney to defend yourself. The 2 worst case scenarios is 1) you get thrown in jail for contempt of court (unlikely if you continue to make good faith payments) and ii) you get socked with HER attorneys fees added on btw Your defense to the motion for an order to show cause for not clearing the arrearage in full is that you cannot afford more now (so if you can afford more you should pay more now).... Read More

The worst that can happen is you could go to jail for contempt. However, if you are making a good faith effort to address the back payments and making an adequate payment towards the arrears, then you should be okay. Of course, if you were supposed to pay $750.00 per month and now are only paying $75.00, that would not be considered adequate, especially if the arrearages are substantial. You may want to consult with and retain an attorney to assist you.... Read More

You should contact the IRS or a tax lawyer for specific information, however, if there is no allowance for you to claim the children in the decree, the custodial parent is the only one with legal right to claim the child under IRS laws. You could file a motion to modify the decree to allow for you to claim at least one of the children, or both of them until she makes enough money to file taxes.... Read More