Christopher and Kyndra Fink have finally agreed to a divorce.
Commissioner Susan Bradford approved the stipulation in her closed chambers Thursday morning in 3rd District Court with the Finks and their attorneys.
"Basically, all it means is that Christopher and Kyndra will be divorced as soon as a judge signs the order," said Kristine Rogers, Christopher Fink's attorney. "For all practical purposes it will be in the next two or three weeks."
Kyndra, who will now be legally known as Kyndra Lynn Lee, filed for divorce in December 1998.
"I think that there is some peace of mind as far as having it resolved," said Julie George, Kyndra's attorney, "but as in any divorce situation, I don't think anybody's happy about it."
The Finks were married Feb. 28, 1996, in Pocatello, Idaho. Their marital qualms have been in the news since Sept. 19, 1998, when their malnourished 21-month-old son was taken from Primary Children's Medical Center. Police found the Finks 16 days later living in a tent in a remote part of the Beartooth Mountains about 48 miles southwest of Billings, Mont.
Court records say the couple separated in September 1998, but Kyndra successfully petitioned a judge in June 1999 to let her see and write to her husband in jail. She was released from jail on $50,000 bail after she posted a cash bond in April 1999. Christopher Fink couldn't afford to get out of jail on the $100,000 bail a judge reinstated in March 1999 after Christopher and Kyndra failed to comply with the conditions of their release.
Christopher contested the divorce until deciding to plead guilty Nov. 3, 1999, to child abuse, a second-degree felony, and attempted aggravated assault, a class A misdemeanor, for his part in his son's kidnapping.
"He actually was the catalyst in getting it done," Rogers said. "He made the decision to distance himself from Kyndra."
Criminal lawyers for Christopher and Kyndra said Christopher's plea bargain did not include any agreement to testify against his wife. According to court records, the couple is not to have any contact pending their criminal cases.
Kyndra Fink is scheduled for a six-day trial to begin March 3. She is charged with child kidnapping, a first-degree felony, aggravated assault, a third-degree felony, and child abuse, a second-degree felony.
While the intricate criminal case against the Finks has been characterized by numerous motions and courtroom debate, the divorce proceedings were much less complicated once Christopher agreed.
"It's one of the most simplistic divorces that could occur," George said. "Once we got things moving it happened pretty quickly."
The two no longer have parental rights to their two sons, David Moshe Fink, 3, and 16-month-old Elijah Evergreen Fink, so child support and custody issues were a non-issue. The two boys live in a foster home.
The Finks also own no real property and have few debts, court records state. The only property divided by the couple are personal belongings such as clothes or furniture.
"There's nothing else to argue over," George said.
Before pleading guilty, Christopher relinquished his parental rights. He is currently in jail undergoing a 60-day evaluation before his sentencing March 6.
Kyndra Fink has challenged the juvenile court for custody of her children. If she does regain her parental rights, child support issues will be handled in juvenile court, George said.