Nevada Recent Legal Answers from Lawyers

Yes, he still could sue. In each jurisdiction, there is a statute of limitations that applies to torts like battery assault and negligence. That provides a time period in which he can bring a lawsuit, and if he does not comply with that strict time period, then he will be forever barred from bringing his claim. If you want to determine the statue of limitations that applies to your situation, you can contact a negligence lawyer in the state of Nevada for advice and counsel.... Read Answer

The short answer is "yes."  The long answer depends on a bunch of details -- is he on the birth certificate?  Where, exactly, does everyone live?  Does the father have any income or resources?  You (or more precisely, your niece) should consult with a family law specialist in the state where the man lives to determine whether and how to file a custody/support case.... Read Answer

Your question is a bit unclear.  It is usually possible to predict property division questions pretty precisely, so I suggest you schedule a consultation with a qualified family law specialist, in this firm or another, and go over the facts relating to the house purchase, and the pension accrual.  You will probably leave that consultation with a very clear picture as to how both issues are likely to come out if litigated.... Read Answer

Yes, and there are other options besides contempt.  The judge could give you unilateral power to list and sell.  Under Rule 70 of the Rules of Civil Procedure, the Court can have the Clerk sign in place of a party refusing to sign a document as ordered (the listing and even the sale documents).  You should confer with a family law specialist, in this office or another, have a final demand sent pursuant to the local rules, and then move to have the property transferred.... Read Answer

Presumably, your son is in Hawaii.  A paternity case can generally be filed wherever the child was conceived (state laws vary) or where the child now lives.  If those facts are correct, then paternity could be established in either Hawaii or Texas.  Child custody/support/visitation could probably proceed in Texas.  If I understand your facts correctly, however, less than six months have passed since mother and child left Hawaii -- if that is true, and father remained, he can file a custody (and probably support) action in Hawaii -- as long as he does so quickly, under the UCCJEA.  You should probably start by inquiry with a family law specialist in both of those States, soon, ensuring that the timeline and facts are clearly set out, to verify that the assumptions here are correct, and if so where they recommend filing which actions.... Read Answer

The law of teen-age discretion in Nevada is not what many think it is.  Most recently, the Nevada Supreme Court in Harrison v. Harrison, 132 Nev. ___, ___ P. 3d ___ (Adv. Opn. No. 56, July 28, 2016), restricted the use of the doctrine to essentially be non-substantive.  That said, Nevada law permits a “child of suitable age and discretion” to have input as to his custody, and this 17 year old seems to qualify.  Every case is different, of course.  You should look over the factors for a change of physical custody, posted here, and then consult with a family law specialist, in this firm or another, to determine your best course of action.... Read Answer

Your question is a bit vague -- that said, if the issue is economic, there are always workarounds, and if the matter is either getting or transmitting information, there are multiple alternatives that could be arranged by either court order or agreement.  It might be more efficient for you to think through exactly what problem you are trying to solve, and then call this office or another family law specialist to discuss possible solutions.... Read Answer

It is unclear what you are asking.  Feel free to look at the specific Property, Spousal Support, and other pages of our website that might answer specific questions about specific issues, here.  For more specific advice about your particular situation, consider a consultation with this firm or another family law specialist.... Read Answer

If the existing order is for payment of the medical premiums, total up what has been incurred since the order, and send a request for his half of the payments; it might be easiest to agree to reduce your child support payments, going forward, by the father's half of the medical insurance premium.  Conceivably you could go back further in time than the last order, but it depends on what was litigated, and ordered, and why.  If you run into problems, you should probably consult with a family law specialist.... Read Answer

The U.S. does not have a national "registration" system.  Entering into a Nevada wedding should not have any effect on your visas.  It is a bit unclear what you are trying to do and why.  If you are lawfully married in the UK, you are considered married here.  If not, not.  You can have a ceremonial marriage here, and celebrate it any way you wish -- just call the chapel/venue where you wish to have your Vegas marriage and explain the legal situation, and they should be able to accommodate you.  People do "commitment ceremonies" and other "weddings" that do not formally have a legal effect all the time -- the fact that you are already legally married should not be an impediment to the ceremony you plan.... Read Answer

You don't mention where the proceeding is, but it is never a good idea to ignore a court hearing; you should expect that whatever the other side has requested, from contact to custody, will be granted based on your non-opposition.  You should contact counsel wherever that hearing is going to be held, and make sure someone files an opposition and appears.... Read Answer

Your question is somewhat imprecise; it is unclear whether you are seeking to find out if you were ever married, which could be researched at the marriage license bureau website, or whether you were ever divorced, which presumably could be researched through the family court clerk's office.  You can research, on line and by phone, either way, and consult a family law specialist as necessary.... Read Answer

Much depends on timing.  If the children and both parents were living in Nevada for at least 6 months, and they have been gone for less than 6 months, Nevada remains the "Home State" and therefore you could file for custody, and for an order requiring them to return to nevada.  Some details in the article "The Basics of Family Law jurisdiction" posted on our Child Custody page. You probably should consult with a family law specialist in the near future.... Read Answer

So you didn't say if your brothers and sisters are US citizens. If one of your siblings is a United States citizen, then that citizen can sponsor you for a green card, but it takes roughly about 12 years before your priority date becomes current, and you would have to process your permanent residency at the US consulate overseas. ... Read Answer

It is a bit unclear exactly what was done in that record; you should consult with criminal defense counsel, who will know exactly what they mean and how to seal them.  There are also forms available on the self-help center website and legal aid has classes and some assistance available for sealing records; you might want to start with contacting the Legal Aid Center of Southern Nevada.... Read Answer

This probably will not work.  The statutes for adoption, guardianship, and custody are all set up to address "children" -- i.e., kids who have already been born.  If an adoption case, for example, was filed pre-birth, it would automatically be "stayed" until the child was actually born. That said, you could have an attorney prepare all paperwork for an adoption or guardianship now, and simply execute/file the paperwork immediately after birth.  You should read up on both of those, as well as Termination of Parental Rights cases, all of which you can read about here.  Then you should consult with a qualified family law specialist, in this office or another, to go over all of your options.... Read Answer

As a former employee of SSA, I can understand the difficulty this causes for you.  Typically, you don't need a lawyer.  You need to bring it to SSA management's attention - repeatedly if necessary. It's not easy to "resurrect" someone after they have been erroneously put in as deceased. Even with Covid, local field offices are seeing people face to face in emergency situations, which yours would certainly seem to qualify as. They may be able to issue you an emergency payment from the local field office, which is what you should request if needed.... Read Answer

If you are the only party on the rental, then the car is your responsibility.  The deciion to charge for theft belongs to the D.A., but as a matter of civil respnsibility, you could be held liable if you "permitted" an unlicensed driver to take the car and did nothing to try to report it.  You should probably tell the rental agency that the car has been taken by your husband without your permission, and it will be up to them to decide what to do about it.... Read Answer

It is not entirely clear what you are asking, but we have posted a flowchart showing the steps to be filed in a divorce case here.  We also have pages describing in detail the process and substance of all the issues that might be faced, such as property division, spousal support/alimony, and everything else.  Sometimes, you only get your lawful share of assets if you insist on it.  I suggest you look around the site, review the posted information, and call if you have any other questions so we can try to answer them.... Read Answer

You have a lot of options -- from calling law offices to the self-help center's "Ask-A-Lawyer" free consultations on Thursday.  Since it is unclear what you are trying to do, or why, please feel free to call our office and speak with one of our attorneys -- we will answer your preliminary questions if we can.... Read Answer

Nevada law (the Dimick case) says that pre-marital separate property is yours and no one has the ability to say or do otherwise.    You may have to file for divorce and file a motion asking for your premarital property to be returned to you; you should probably consult a qualified family law specialist.... Read Answer