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JerrySJD
JerrySJD, Attorney
Category: Family Law
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Experience:  Divorce, child custody, support, mediation, alimony
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I am presently in Washington, but wish to divorce my wife for

Resolved Question:

I am presently in Washington, but wish to divorce my wife for adultery and desertion.
We were married 02 Aug 79 in Spokane. She officially deserted me in Jun 11, after
taking, without my knowledge the last $15,000 of my Army retirement savings.
I don't want her to get the Army widows pension when I die as she will spend it to
support her worthless boyfriend. I also want to make her take back her maiden name
Submitted: 2 years ago.
Category: Family Law
Expert:  JerrySJD replied 2 years ago.

JerrySJD :

You can divorce her. You can either do it yourself or use an attorney Mediation is also an option. Washington is a "no fault" state, which means you do not even need a reason for divorce. It is also a "community property" state, which means everything will be divided equitably. The fact that she left you is a factor in property settlement. Does she work? Do your work? Your incomes will be a factor in determining spousal support (if any). If she makes more than you, she might have to pay you. You did not mention any children, so child support must not be an issue, which will save you much headaches.

JerrySJD :

You can get all the forms from a divorce handbook or online site.

Customer:

I guess that I didn't make it clear that I was asking about the law in Idaho as I know that Washington is a "no fault" state. I believe that the only allowable reason for divorce is found in

Customer:

Matthew Ch 19 v 9. She has rebuffed all my attempts to try to work th8ings out.

Customer:

I am disabled and retired from the Army Reserve and have limited income. Her taking the money has reduced my standard of living now and in the future.

JerrySJD :








Grounds for divorce in Idaho

The spouse filing for divorce must have been a resident of Idaho for six full weeks immediately prior to filing for divorce, according to Idaho divorce law.


There are both "Fault" and "No-Fault" grounds in Idaho divorce law. They are:


No-Fault



  1. Irreconcilable differences;

  2. living separate and apart without cohabitation for a period of five years.


Fault



  1. Adultery;

  2. permanent insanity;

  3. conviction of a felony;

  4. willful desertion;

  5. extreme cruelty;

  6. willful neglect;

  7. habitual intemperance (drunkenness).


There is no legal provision in Idaho divorce law for legal court-ordered separation.


There is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses, in Idaho divorce law. During this period, either spouse may ask for a meeting to see if there is any real chance for reconciliation. If there is a chance, and there are minor children of the marriage, the court can delay the proceedings for up to 90 days while the couple attempts to reconcile.


JerrySJD :

In the process of the divorce you will need to determine support, which is based on income. Then there is the issue of property settlement. This is where you split up what you both have acquired during the course of the marriage. Fault is an issue in this regard. With a long term marriage, it is less important, but it is still a factor.

JerrySJD :

Since she has engaged in adultery, you might want to go with that in your divorce. That will help you when it comes time to do the property settlement.

JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience: Divorce, child custody, support, mediation, alimony
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