The easy part is usually whether the conduct in question comes within the definition of “domestic violence.” (That is not our topic here.) A separate question (and the one for this blog) is whether the relationship between the victim and the perpetrator is the kind that qualifies this victim to obtain a protection order against this perpetrator. The statute is confusing, at least as applied to some situations.
If both persons are either “family members” or “household members” with each other, or have or have had a “dating relationship” with each other, one can get a protection order against the other, assuming the right facts are alleged. “Family member” is defined as “spouses, former spouses and persons related by blood, adoption or marriage.” Spouses and former spouses are the easy ones. Persons related to you by blood or marriage seems obvious. But how far does that go? Your fourth cousin twice removed is technically related to you by blood. But does the statutory definition really stretch that far?
“Household member” is similarly defined. It means “persons who reside or have resided together, and persons who have a child in common regardless of whether they have been married or have lived together at any time.” Your live-in (Read More...)
WHAT IS ONE’S RECOURSE WHEN THE OTHER SIDE REFUSES TO SELL OR SPLIT REAL ESTATE OR “BELONGINGS” If, after your divorce is finalized, your ex decides not to comply with the order - What can you do? Often real estate has been ordered sold, and the belongings inside need to be split. There usually are also adult toys, as in cars, trucks, boats, atv’s, jet skis, etc., that have been divided by the court or ordered to be sold Sometimes the other party refuses to comply or drags his or her feet.This situation happens a lot more than one might expect. But on the bright side, now that you are divorced you can talk to each other without going through your respective attorneys, so the first (and cheapest) avenue would be to simply talk to, e-mail, or text, your ex and ask what the hang-up is with the issue. If the answer is something simple like they forgot and (thanks for the reminder) or a good excuse like ( a family member died, the abode they are living in burned down, etc.) then give them a pass for a period of time. A good idea is to calendar when you made contact with them about the issue so that you can refer to the length of time that has passed if you need to remind them a second time.
If it becomes obvious they are purposefully not respecting the Order than you need to call (Read More...)
For many people, the uncertainties resulting from the spread of COVID-19 are reason to put off major decisions and the related commitment of significant amounts of money. For some, however, those same uncertainties increase tensions and problems enough to make decisions and action more urgent than they were before “social distancing” became a common phrase.
The Coronavirus has brought about many changes in daily life. The state courts are largely closed in compliance with the Governor’s Stay-At-Home Order. Most civil proceedings and even most criminal proceedings have been vacated and postponed. But some emergency matters and certain proceedings mandated by statute are going forward.
New cases are still being filed, and both new and old cases can largely be processed despite the shut-down. Filings have been done electronically anyway for a few years now. More and more work is being done through the internet, over the phone and through various media for conferencing. Even when in-person contact is necessary, an appropriate social distance can be maintained.
Cases that can and should be settled have seen little impact from the shut-down. Settlements rarely require court hearings for review, approval and signing of papers (Read More...)
Business Valuation in Divorce
North Idaho Attorney Kevin J. Waite, P.C. on Friday, January 4, 2019
In many divorces the most significant asset to be divided is the marital residence. As stressful and complex as that can be, the division of a business is usually much more complicated.
The same issues are likely to be present. Is the business one party's separate property or is it community property? If separate property, is there a community interest? What is the value of the business? What debts encumber or go with the business and effectively reduce its net equity?
Valuation of a business is more complicated than valuation of real property. It usually requires engaging an accountant who has special expertise and credentials in valuation to review and analyze tax returns and other business records. This valuation expert usually generates a report setting forth what he or she has reviewed and considered, an opinion as to value and the reasons supporting that opinion. Obviously, this is expensive.
Often the owner or owners actively work and manage the business. An owner-manager's compensation may be more or less than what a hired professional manager would be paid to do the same job, further complicating the valuation process.
In the end, the most accurate value of an asset - whether a business or a home - is what (Read More...)
Divorce vs. Legal Separation
North Idaho Attorney Kevin J. Waite, P.C. on Tuesday, March 27, 2018
A frequent question is, whether (for the questioner) a legal separation would be a better option than a divorce. That question presupposes another question, namely, what is the difference between a legal separation and a divorce? We will deal with the second question first.
A legal separation can and frequently does cover all the same issues as a divorce, except of course for the divorce itself. It is typically called a "Judgment of Legal Separation" rather than "Judgment Of Divorce." It may have a provision for the conversion of the legal separation to a divorce. A legal separation is usually a holding pattern; legal separations usually either convert to a divorce or are eventually dismissed, for example because the parties have reconciled.
Usually, the disadvantage of a legal separation is that it does not terminate the legal financial relationship between the parties. Meaning that they remain married and therefore remain subject to the community property laws (at least in Idaho). While their Judgment of Legal Separation may work to regulate financial responsibilities between the parties, it does not diminish the rights of their creditors (to go after A for a debt incurred by B even after the separation, if B (Read More...)