De Leon, TX Divorce Law Firms & Lawyers

Generally speaking, you should proceed with a divorce. The fact that you have not lived together is essentially irrelevant and, again, generally, a divorce will be more readily, and less expensively, available. You will need to commence the divorce action in the state where you reside, not where you were married. There is a procedure for serving absent defendants, regardless of where they reside. An attorney can assist you in this process. Get an attorney.

If the home was purchased during the marriage, it is community property and subject to being divided in the divorce. The division can happen in a number of ways. The home could be sold and the proceeds of the sale split between you and your wife, or one of you could buy the other person out and refinance the home, taking the other person off the loan. If you purchased the home before the marriage, it is your separate property and not subject to division in a divorce.

Yes, your wife can divorce you. You may want to start the proceedings here though, and very soon, so that the court here has jurisdiction. She cannot touch your social security payments because of Federal law, although if you are receiving any payments on behalf of your children, they might be used for child support. If you want to keep the children, you must ask the court to give you custody. In Idaho, the courts are required to maintain the parental relationship unless it would cause harm to the child. But again, in Idaho, one party cannot move out of state with the children without the agreement of the other parent or a court order. In that case, the court must find that it is in the best interests of the child to move. It doesn't sound like your pension is subject to community property, but it may be subject to child support.