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  #1  
Old 07-17-2007, 12:23 PM
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Join Date: Jul 2007
Location: California, but born and raised in Idaho
Posts: 3

Legal Separation in Idaho


What is the name of your state? Idaho

I am stationed in California but my wife lives in Idaho and we were married in Idaho.
I am just curious what the laws regarding a legal separation in Idaho are and what the laws for divorce are. We have not lived together in almost 2 years now.
Any help is VERY much appreciated.
She's the one that wants this I don't want a divorce but I also don't want to get blind sided.
  #2  
Old 07-17-2007, 03:20 PM
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Join Date: Sep 2005
Location: O~HI~O
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Quote:
Originally Posted by blevdog View Post
What is the name of your state? Idaho

I am stationed in California but my wife lives in Idaho and we were married in Idaho.
I am just curious what the laws regarding a legal separation in Idaho are and what the laws for divorce are. We have not lived together in almost 2 years now.
Any help is VERY much appreciated.
She's the one that wants this I don't want a divorce but I also don't want to get blind sided.
Get in touch with base legal, and discuss this with a JAG officer. For
sooner or later it will end up in their laps anyway!
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"There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!
  #3  
Old 07-19-2007, 05:54 PM
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Join Date: Jul 2007
Location: California, but born and raised in Idaho
Posts: 3
I plan to get in touch with them but I just wanted to know if anyone could give me the actual seperations laws for Idaho and whether I needed to file up there or if I could file from down here. It should be uncontested other than we own a house and 2 vehicles together. Not sure what the laws are in Idaho for property. Like if she would have to either pay me off for the house or we would have to sell or how that would work.
Thanks.
  #4  
Old 07-19-2007, 07:01 PM
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Join Date: May 2004
Posts: 41,394
Quote:
Originally Posted by blevdog View Post
I plan to get in touch with them but I just wanted to know if anyone could give me the actual seperations laws for Idaho and whether I needed to file up there or if I could file from down here. It should be uncontested other than we own a house and 2 vehicles together. Not sure what the laws are in Idaho for property. Like if she would have to either pay me off for the house or we would have to sell or how that would work.
Thanks.
Basically you can plan on debts and assets being divided 50/50 (those that accrued during the marriage).

If she wants to keep the house, then she would have to refinance it for enough to both take you off the mortgage and pay you your share of the equity....unless you exchange equity for other assets. If she can't qualify to do that then the house would have to be sold and the proceeds split.

From the way that you worded your initial post, I am assuming that you are military. How long have you been married? How long have you been in the military? Are there any children? How much equity do you have in the home?
  #5  
Old 07-20-2007, 01:46 PM
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Join Date: Jul 2007
Location: California, but born and raised in Idaho
Posts: 3
I've been in the military for 10 years married for 5 years.
1 child. As for equity roughly 10-15K we just bought it about 2 years ago.
I was kinda figuring on the 50/50 thing which is fine. I was just curious as to the laws of Idaho cause we haven't lived together for 2 years.
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