Nevada Divorce Legal Questions

The underlying question appears to be whether you in fact gifted it to her, about which you don't say.  Presuming not, and if there are no other complications, it would seem to be your car in someone else's possession, and you should hire a repo company or tow truck.  If the facts are different, the equities would be different.... Read More

The answer to most of those quetions is "maybe."  There is no requirement to do any of the things mentioned in any particular order, so it mainly depends on how well the people involved can get along.  As to how alimony and child support are determined, the rules, statutes, explanations, and calculators are posted on our Spousal Support and Child Support pages, but your best bet is a detailed consultation with a qualified family law specialist to go over your particular situation and get specific analysis and advice as to how to resolve the issues present in your case.... Read More

The history sounds a bit convoluted and needs to be fully fleshed out to really figure out who has what coming from this house, as there are transactions regarding it that are both pre-marital and marital, and more than one legal test may apply to the contributions, and the deeds.  For legal background see the Property Division page of our website, here, and the information and articles posted on our Cohabitation and Palimony page, here, and a newletter article on property transfers between unmarried persons, here, if you have not already done so.  For a detailed analysis of this particular situation, you will need a detailed consultation with a family law specialist well versed in this subject.       ... Read More

Unfortunately, I am unable to discern from what was written just what you are asking.  It might do you good to start with the information posted on the Divorce page of our website, here.  You should probably look at the Propety Division, Alimony, and any other pages that you think might be relevant to the issues you are interested in.  Then, it would probably be a good idea to schedule an in-depth consultation with a family law specialist to go over your specific questions and get an analysis of your options.... Read More

It is unclear what you mean by "mutual" -- uncontested?  Joint petition?  In either event, unless there is so much equity that it would make a difference for tax reporting (consult your CPA), it makes little difference, if you are inagreement, whethe the house sale is pre- or post-divorce -- just make sure the escrow instructins are crystal clear about who is to get what money.  It might make sense for you to consult a family law specialist to be sure you are doing what you should be doing about that and all other assets.... Read More

If you cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More

Place of marriage is irrelevant.  If you, youir spouse, and your child all live in Nevada, Nevada has jurisdiction over all issues.  See our Divorce page, here, and our Grounds and Jurisdiction page, here, including the articles posted there.  If you have any  additional questions, or the facts are different, call and we should be able to analyze your jurisdiction question in a few minutes.... Read More

The relevant statute says: NRS 125C.0065  Consent required from non-relocating parent to relocate child when joint physical custody established; petition for primary physical custody; attorney’s fees and costs.       1.  If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating:       (a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and       (b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.       2.  The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:       (a) Without having reasonable grounds for such refusal; or       (b) For the purpose of harassing the relocating parent.       3.  A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359. Yoiu indicate that you are still married and that your ex does not consent.  Other statutes indicate that until a court syas otherwise, you two have joint legal and physical custody, and the courts require either consent or a court order before departing, or departure with the children could be held against you in further motion practice. I suggest you review the custody and relocation materials posted on our Child Custody page, posted here, and then call and discuss the matter with one of our attorneys so we can see what can be done to assist you.   Marshal... Read More

The short version is that anyone can "dipsute" anything.  As to prevailing in a small claims or other action, the main question is what the actual facts are.  Why do you "not agree with the amount"?  If the sum recited is wrong, and you can prove it, then a court resolving the dispute should be amenable to an "NRCP 60(a)" argument -- essentially, that there was a clerical or copying error.  If the sum recited is, objectively, correct, then probably not.  If you are uncertain, the bezst bet would be to consult a lawyer.... Read More

I'm not sure I fully understand the situation, but it will be -- at best -- difficult to undo a 25-year old quit claim.  There is a statute relating to "omitted assets" that permits a person who left something out of a divorce decree to "partition" it within 3 years of discovering the error -- but it is hard to see how that might apply to your facts, although you indicate your just found out "recently."  Consider looking at the 2015 article relating to the Nevada law of partition of omittted assets, which is posted here.  Then consider having a consultation with a family law specialist well versed in the subject of omitted assets.... Read More

The knee-jerk response is that anyone with a filing fee can sue anyone for anything -- that does not mean the suit has any validity.  While the details should be gone over with competent counsel if anything is ever filed, the short version is that normally you are not liable for what other people might or might not have done.... Read More

Well, lots, starting with a contempt sanction.  If she is supposed to be making the payments, and the existing order does not require her to do so, try to get such an order; if the order does require it and she is refusing, seek permission to sell the car.  Do what you can to wear the white hat -- it will go a long way toward the court giving you what you want.... Read More

Normally, "fastest" would be to contact competent counsel, go over whatever is involved to look for problems that could slow you down/cause problems in advance, and have the appropriate paperwork competently prepared.  If you wanted to try the do-it-yourself route, you could look at the self-help forms available at https://www.familylawselfhelpcenter.org/ but you should still get competent advice before you do anything.... Read More

A bit vague.  Inter-spousal "evictions" are not favored, save in the context of a TPO upon a showing of actual or threatened domestic violence.  That said, if only one of you owns the home then the other has no underlying property right to it.  You could look at the Domestic Violence, Property Division, and Preliminary Matters and Motions pages of our website, here, but your best bet is to consult as soon as possible with a family law specialist and get specific guidance for your specific situation.... Read More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

The notice you received should tell you what is considered deficient and therefore what you need to do about it; without seeing the paperwork, it is difficult to be more specific.  If you do not have an attorney, there are ways of getting some quick assistance.   Consider looking at the forms at the family law self-help center.  https://www.familylawselfhelpcenter.org/self-help     If you are unable to figure it out, consider a consultation at the free ask-a-lawyer event (now done telephonically) every Thursday afternoon, or consult the legal aid center to apply for assistance.   ... Read More