Craig B Marcus - Divorce in Idaho: The Legal Process, Your Rights, and What to Expect

An Addicus Nonfiction Book

Copyright 2018 by Craig B. Marcus. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopied, recorded, or otherwise, without the prior written permission of the publisher. For information, write Addicus Books, Inc., P.O. Box 45327, Omaha, Nebraska 68145.

ISBN: 978-1-943886-69-2

Typography by Jack Kusler

This book is not intended to serve as a substitute for an attorney. Nor is it the authors intent to give legal advice contrary to that of an attorney.

Library of Congress Cataloging-in-Publication Data

Names: Marcus, Craig B., author.

Title: Divorce in idaho : the legal process, your rights, and what to expect / Craig B. Marcus, Esq.

Description: Omaha, Nebraska : Addicus Books, Inc. [2018]. | Includes bibliographical references and index.

Identifiers: LCCN 2018004169 (print) | LCCN 2018004577 (ebook) | ISBN 9781943886883 (Epub) | ISBN 9781943886890 (Kindle) | ISBN 9781943886876 (Pdf) | ISBN 9781943886692 (paperback)

Subjects: LCSH: DivorceLaw and legislationIdahoMiscellanea. | BISAC: LAW /Family Law / Divorce & Separation.

Classification: LCC KFI100 (ebook) | LCC KFI100 .M37 2018 (print) | DDC

346.79601/66dc23

LC record available at https://lccn.loc.gov/2018004169

Addicus Books, Inc.

P.O. Box 45327

Omaha, Nebraska 68145

www.AddicusBooks.com

Printed in the United States of America

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To the memory of my parents,
Claude and Marie Marcus

C raig Marcus experience as a divorce attorney is extensivehe has litigated hundreds of divorce cases. I know of his work through the years and I believe he is one of the best divorce and trial lawyers in Idaho. Several respected trial judges have expressed the same opinions. I have been a trial lawyer in Idaho for more than forty-five years, so am familiar with Craigs work on both a professional basis and a personal onehe was my attorney when I was divorced. He has also helped me prevail in a variety of other cases besides divorce.

Craig knows the trial process. Years ago he helped write the trial rules for Idaho upon which current ones are mostly based. The more trial experience an attorney has, the better equipped he is to give clients valuable information about divorce and going to court. Craig has that extensive courtroom experience and knows how to prepare clients for divorce litigation. Many, whose divorce cases go to trial, are fearful of testifying. Craig teaches his clients about managing that fear and testifying as a credible witness so what they say in court is reliable evidence.

Craig knows how to handle the surprises and pitfalls that may arise in divorce litigation. If you are looking for information about divorce in Idaho, you have come to a good place.

John McKinney, Attorney

Salmon, Idaho

I would first like to acknowledge my parents, Claude and Marie Marcus. My father was the most skilled, humble, and honest attorney I have ever known. He practiced law seventy years, was president of the State Bar Association, recieved the highest awards from the University of Idaho Law School faculty and State Bar Association, and was appointed to the State Board of Education. He tried hundreds of cases and during the forty years Barry and I practiced law with him. I never knew him to lose a case. My mother was the perfect complement: feisty and argumentative yet loving and wise. Accordingly, they taught myself and my brother, also an attorney, how to argue and debate early on. The memory of my parents and their faith is a wise, reliable light to follow.

I acknowledge my brother Barry Marcus, who for seven decades has lived the life prophesized in Proverbs 17:17, A friend loves at all times, and a brother is born for a time of adversity. We attorneys work in the shadow of adversity. Whether Barry leads or has my back, just knowing he is there, prepared to battle any adversity, has been a lifelong comfort.

Endorsements of retired Supreme Court Justice Jesse R. Walters (Harriet) and long-time Salmon, Idaho attorney John McKinney (Pat) mean a great deal to me. Their roots go deep in Idaho history. To receive endorsements from such accomplished, respected professionals is humbling. Thank you both.

I acknowledge the support of my friends Richard Mitchell, Mike Willingham, Gary Preston, and Chuck Kunz of Allstate Insurance Company. For more than three decades, they gave me pricesless trial experience by hiring me to litigate yearly many insurance defense jury cases, in which we prevailed, in most Idaho courts. I attribute this success to them.

I wish to thank the judges of Idaho, who implement the court rules for the protection and fair treatment of Idaho families experiencing the strife of divorce. The dedicated labor of these judges has been beneficial to all those seeking help from the legal system; it has also benefitted practitioners whose counsel has helped clients across the state of Idaho.

I fondly acknowledge my late friend Jess Hawley Sr., for the impact he had on the course of my life. The son of Idahos governor, he was a wise man and excellent attorney. He invited my father to become a partner in his law firm, which became the foundation of Hawley & Marcus, then the oldest law firm in Idaho. He and my father were parners until Jess died. In my opinion, Jess Hawley Sr., was one of the outstanding lawyers in the history of Idaho law.

When a client needs to talk to an attorney, their need is often urgent. If the lawyer is in court or in conference, or otherwise unavailable, it is frustrating for the client, especially in a divorce situation. I am grateful to have the following competent, diligent, and caring people at my side; they meet the urgent and not-so-urgent needs of our clients: Kelli Engum is the administrative manager of Marcus, Christian, Hardee & Davies, LLP. She courteously gives her full attention to all who need help. Amy Hardee is highly experienced at guiding divorce and family law cases along the right path. My paralegal, Erin Miller, is not just a software magician who skillfully produces documents, she is also a wise advisor whose assistance is indispensable.

I also wish to thank Shawn Moak, our daughter, who had the monumental task of carefully inventorying thousands of files in our archives, and Heather Marcus, (Greg) my niece. They monitor and nurture a multitude of entities and cases.

I thank my partners Dan Hardee, Trent Marcus, Greg Hardee, and Bo Davies, who expertly and successfully carry a heavy litigation load. They are among the busiest, most experienced, thoughtful, and successful divorce and family law attorneys in Idaho. Our associate attorneys Stephen Goldstein (Barrys grandson), Rich Piol, and Sam Dotters-Katz have each proven well able to handle the challenges of litigation and successfully meet the needs of clients in distressful circumstances; that is very comforting. Thank you.

Our partner Michael Christian deserves a unique accolade; he skillfully handles a wide spectrum of legal matters.

At the core of our law firm operations are some indispensable people: administrative and legal assistants Sofia Human, Chanelle Ridling, Devory Jones, Brandi Weeks, and Holly Shaw.

I also acknowledge our former partners Gale Merrick and Gary Montgomery, both excellent and knowledgeable attorneys who are missed and have enriched my life in many ways, and each of the secretaries and assistants who have helped journey with us through years of litigation, every one of whom has left a special memory: Claudia, Barbara, Anita, Dorothy, Alice, Diane, Heather, Tawna, Margaret, and Debra.