If the house was purchased during your marriage and paid for using income earned by you or your husband or both of you during marriage, then a legal presumption arises that the house is community property and that you both have an equal interest in any equity that has accrued since the date on which the house was purchased, regardless of whose named the house is titled in. There are factors that could change this, but you have not provided enough information in your inquiry for me to consider whether these other factors might be applicable. For example, if any separate property -- like inheritance funds -- were used to pay for the house in some way, this factor might change whether you and your husband are entitled to share the equity equally. As far as how much time your husband has to pay you the equity, that is negotiable. However, it will be in your best interest to receive these funds sooner rather than later. Therefore, if your husband can refinance the house and pay you your share of the equity at the time of divorce or if he has the cash to do so, this would be best. I suggest that you consult with an attorney to ensure that you get the equity in the house that's rightfully due to you and that you get these funds sooner rather than later.See question
You may file for divorce on the grounds that your husband has committed adultery. The laws listed below apply to this claim in a civil context:
Idaho Code 32-603. CAUSES FOR DIVORCE. Divorces may be granted for any of the following causes:
2. Extreme cruelty.
3. Wilful desertion.
4. Wilful neglect.
5. Habitual intemperance.
6. Conviction of felony.
7. When either the husband or wife has become permanently insane, as provided in sections 32-801 to 32-805, inclusive.
8. Irreconcilable differences.
Idaho Code 32-604. ADULTERY. Adultery is the voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife.
In addition, adultery is a still a crime in Idaho pursuant to Idaho Code 18-6601, which is set forth below:
Idaho Code 18-6601. ADULTERY. A married man who has sexual intercourse with a woman not his wife, an unmarried man who has sexual intercourse with a married woman, a married woman who has sexual intercourse with a man not her husband, and an unmarried woman who has sexual intercourse with a married man, shall be guilty of adultery, and shall be punished by a fine of not less than $100, or by imprisonment in the county jail for not less than three months, or by imprisonment in the state penitentiary for a period not exceeding three years, or in the county jail for a period not exceeding one year, or by fine not exceeding $1000.
That being said, evidence showing that one party or the other has committed adultery during marriage may be relevant when considering custody and visitation issues (*note - only under certain limited factual circumstances), but is not relevant to a determination about how to divide marital property. Idaho Code § 32-712; Lawson v. Lawson, 394 P.2d 1008 (Idaho 1964).
Hopefully this answers your questions. Sincerely, Pam ParkinsSee question
It's always better to try and work out an agreement with your husband or partner about the whereabouts of the children. However, if there is no current order in place stating who has custody of the child then there is nothing for the police or the court to enforce and both parties technically can move their child to a place where they feel the child will be safe. It's reasonable to have your daughter stay with your parents until a final agreement is worked out. Your husband could file a motion with the court seeking temporary custody of your child, or you could, and then the court would need to decide which parent the child stays with until the divorce is final and enter temporary visitation orders. However, it does not sound like this has been done. If you do move your child to your parents I would just inform your husband of where she is (unless its not safe to do so). Absent the entry of court orders on custody and visitation this is not kidnapping.See question
No it does not make a difference at all.See question
You should draft a written letter to the dairy owner outlining what happened and when, how much you were harmed and the amount of damages you suffered as a result of the harm (i.e.: cost of medical bills present and future, as well as lost wages). I would send your letter to the dairy owner via certified mail, return receipt requested. Indicate in your letter that the dairy owner has fifteen days or less to respond to your letter and, that if he or she does not do so, you will be forced to contact an attorney to assist you in this matter. Send the dairy owner copies of the medical bills that you incurred as a consequence of the incident. If you do not receive a response from the dairy owner, I suggest that you actually do contact an attorney. Based on the facts as you have outlined them above, this case should be fairly easy to resolve. Unfortunately, sometimes responsible parties like the dairy owner do not respond to these types of problems until they receive correspondence from an attorney as opposed to the individual who was actually harmed. Good luck!! Pam ParkinsSee question
I am not sure exactly what your question is, but I beleive that what you are asking is whether you can be arrested for refusing to take your child to court ordered supervised visitation with the non-custodial parent. If this is your question, then the answer is "no" - you will not be arrested. However, if the court has ordered you to present your child for supervised visits with the non-custodial parent and you fail to do so, then you will likley be violating the court order concerning visitation. The non-custodial parent will then have a right to file an order to show cause why you should not be held in contempt of court for violating the court order concerning visitation. Of course, a clear excuse is that the non-custodial parent is risking the safety of your child by bringing drugs to the supervised visits he or she has with your child. The best course of action may be to inform the Court that it is in the best interests of the child to modify the current visitation order or agreement because the recent wrongful conduct of the non-custodial parent' present grave safety issues for your child. Good luck with this matter and contact me if you have any further questions. Sincerely, Pam ParkinsSee question
I do not have the benefit of reviewing the guardianship paperwork in place concerning your mother's care. However, it is unlikely that these documents give your brother the authority to prevent you from visiting with your mother in the nursing home. As you indicate in your question, your brother would have to file a restraining order and prove that your visits are somehow causing your mother harm before he could prevent you from seeing your mother. If you have copies of the guardianship paperwork you should probably review them and/or have a local attorney do so that you have a good understanding of the extent of authority granted to your brother as guardian of your mother. Family matters such as these can be very difficult. I hope that you and your brother are able to reach a solution that works for all involved. Please remember to designate a "best answer".See question
You likely need to consult with a local family law attorney. If the Judge entered an order finalizing your divorce in 2012 based on an agreement entered into between you and your husband then you likley cannot "re-negotiate" the agreement with your husband unless you can prove that the agreement is fraudulent in some way. However, if an order and an agreement exists and your husband is not following the terms of the agreement then you could seek asistance from the Court to enforce the terms of the agreement. Please feel free to contact me if you need additional help. With additional information I may be able to point you in hte right direction.See question
I do not beleive that it is legal for your son to place his name on the child's birth certificate if he is not the biological father of the child. He should consult with a family law attorney if he would like to adopt the child.See question
I agree with Attorney Sinclair - you should speak with a family law attorney immediately. Your husband does not appear to be acting rationally. Moreover, you likley have a right to remain in property that you mutually own with your husband (so long as it is safe for you to do so). You also likley have a right to access funds in any joint bank account you own with your husband. I practice family law in the Idaho Falls area. Please feel free to contact me if you need further assistance.See question