Nevada Divorce Legal Questions

If your assertion is true, then the answer is "yes," but you should check the truth of your belief on the existence of your common law marriage -- a relationship which has not existed in Nevada since 1943.  However, if you really DID have a valid common law marriage elsewhere, and then moved here, it would be recognized by Nevada, and would require a divorce for its termination.  Colorado apparently does still recognize the formation of such marriage relationships.  You really should consult with a family law specialist, just as you would for the dissolution of any other marriage.  Generally, see: http://willicklawgroup.com/divorce/  ... Read Answer

If you have moved permanently, the first question is jurisdiction.  If your husband is still in Nevada, you can file there; if everyone has left the State, you may have to wait until you establish residency and file in TX.  See http://willicklawgroup.com/divorce/ and http://willicklawgroup.com/grounds-and-jurisdiction/.  You will need to deal with all issues of child custody, visitation, support, alimony, property, and debt. If you CAN file in NV, you can do so through the Clark County Self-Help Center forms, or you can hire a lawyer.  If you think you need help and cannot afford to hire a lawyer, consider making a call or on-line inquiry to the Legal Aid Center of Southern Nevada (LACSN) about pro bono services that might be available.  Some of those links are on the web pages referenced above.... Read Answer

Yes, your spouse has a claim to that equity which acquired during your marriage. In Nevada, that fact that you separated is entirely irrelevant the community continued, and your spouse continued to gain an interest in the home despite your separation. There is a very complex formula used to determine the community's interest, which can be found in the Malmquist decision from the Nevada Supreme Court. You really should consult with an attorney as there may be ways to balance other assets and debts so as to avoid dealing with the house.... Read Answer

Maybe. The questions have to do with who paid what, from what sources, before and during the marriage. Separation may (or may not) be relevant, due to some interesting language in the controlling case, Malmquist. For background, see http://willicklawgroup.com/property-rights-and-division/, but you are really going to want to discuss this with a family law specialist well versed in such matters and calculations.... Read Answer

Your question is a bit confusing.  If all procedures except the decree have been completed, your estranged spouse's location should not be relevant.  My guess is that the terminology being used is not precise -- please refer to the flowchart describing the divorce process, showing each step in the procedure, which is posted at http://willicklawgroup.com/divorce/. If you are still uncertain, feel free to call a family law specialist with a question, which can probably be answered quite quickly.  Short version, though, is that even when folks are missing, a divorce can be granted -- the procedures are sometimes a little different, as to how to give actual or "constructive" notice, etc.... Read Answer

What you should do is file an answer and counterclaim, seeking the terms you believe are in your and your children's best interest.  You can visit the Clark County Self-Help Center website, if you want to go the do-it-yourself route, but your wiser course if there is any way that you can do it almost certainly begins with a consultation with a family law specialist to go over all of your rights, obligations, options, risks, costs and benefits.  Meantime, this information may be useful to you: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ http://willicklawgroup.com/divorce/ http://willicklawgroup.com/spousal-supportalimony/ http://willicklawgroup.com/property-rights-and-division/    ... Read Answer

Short answer "no."  But your question is vague enough that it is hard to tell for sure just what you are you asking.  Some information is posted at http://willicklawgroup.com/military-retirement-benefits/.  If that is not sufficient, you should consult a family law specialist well versed in military benefits issues.... Read Answer

There are multiple factual questions before any reasoned answer could be given.  For example -- why were you waiting for 7 months?  If there were promises or expectation of return, the time might not "count" against the 6-month clock that normally runs to determine a new Home State for the children -- and that could determine whether you can file here or must file wherever they went.  For background, see http://willicklawgroup.com/child-custody-and-visitation/ Also see the article "The Basics of Family Law Jurisdiction" that is posted there.  for more specific advice and consideration of all the facts of your actual situation, you really need to consult a family law specialist well versed in jurisdiction.  But do so soon -- time is not your friend in this analysis, and any further delay could be damaging to your case.... Read Answer

Tax questions can be highly specific to your own circumstances, so you should show your decree and other financial records to your tax advisor/preparer/CPA for a certain answer, but generally, child support is NOT taxable to the recipient or deductible to the person paying it, while alimony -- unless specifically ordered to be otherwise -- IS taxable to the person receiving it, and deductible to the person paying it.... Read Answer

While there are a lot of question to be asked, your first step should be a consultation with a qualified family law specialist to find out exactly how and why a divorce was processed without your knowledge; options, depending on what happened and what the decree says, involve a motion to set aside, partition of omitted assets, or submission of an enforcement QDRO. Time is not your friend - you should proceed as expeditiously as possible.... Read Answer

Not enough information.  If you believe a divorce was filed in Clark County, you can call the Clerk of the Court at (702) 455-2591 and ask, or ask any lawyer with computer access to the court computer to look it up for you.  If you think it might have been filed in some other particular place, call that particular place.  if unsure where in the country, there are national databases that collect that information, which an attorney or private investigator could access.... Read Answer

You have too many pieces to this to deal with competently in an e-mail.  You really need a half hour to sit down with a family law specialist and go through those issues one at a time.  Hiring private counsel would be easiest, but if you cannot afford to do so, contact Washoe Legal Services and inquire about seminars, ask-a-lawyer programs, pro bono or reduced fee panel services, or some other means of getting some professional analysis of your rights and obligations.  In the meantime, the property division, spousal support, and other pages of our firm website may give you valuable background information.... Read Answer

Perhaps we are speaking at cross-purposes, or at least with different meanings, but I know of no way to get a "modified date" on a marriage certificate.  Possibly a new certification of a prior document, but it is hard to tell from your question.  And the license is an entirely different document, and NEITHER the license nor the certificate have anything at all to do with the date of a decree of annulment.  In short, your question is unclear. If there has been an annulment, you can find out when it was by calling the Clerk of the Clark County Court (702-455-2591) and asking.  Or contact any lawyer with access to the family court computer system and have them look it up by name.  But if you have other questions you should gather whatever documents you have and go over them with a family law specialist to have those questions resolved.... Read Answer

If, as appears probable, you received a portion of a pension plan on some kind of "if/as/when" order, then you cannot usually get anything from the plan until the employee's earliest retirement eligibility date.  Of course, you and the employee could always play "let's make a deal' to cash out the interest, but if you want money from the plan under a QDRO, you will probably have to wait.  And if a QDRO has not already been prepared, approved, signed by the judge and submitted, you need to do that, and as soon as possible. If you are not sure, you should schedule a consultation with this office, or some other well informed as to divorce, pensions, and QDROs.... Read Answer

Multiple lawyers to this question, starting with: Is there any record of ownership of the dogs (they are considered property under NV law). Is there any record of you being awarded the dogs (you said you "filed a motion," but did not say where or when)? If you have a NV court order saying that the dogs are your property, you could and should discuss this with the police and consider the escort/pick up you mention.  If not, you should discuss the matter with the police anyway, and if they will not assist with whatever you do have, you should consider domesticating it in NV.  Time is not your friend here -- a passage of years looks a lot like acquiescence.... Read Answer

Hopefully, the actual wording of the court order is more specific than what you have recited; if not, you may well need a clarifying order spelling out precisely how much money is owed, and reducing it to judgment, if you wish to formally execute on it.  See http://willicklawgroup.com/fees-costs/. Of course, since you know how much you spent, nothing prevents you from simply asking your ex to pay you the money under the court order.  if he does, great.  If not, speak to your divorce lawyer, or seek out this office or someone else well versed in both collections and family law.... Read Answer

There is no listing know to me of lawyers who happen to speak Chinese.  I posted a request on the family law list serv and got no responses, except from one lawyer who reported that she had represented Chinese speaking clients in divorce cases in Washoe County and used an interpreter from UNR. She further added that, in her opinion, it was not that difficult to do the case with the interpreter, who "charged a reasonable fee."  Apparently, there is a language bank at UNR for referrals to such translators.... Read Answer

Place of marriage is largely irrelevant to the place of divorce, which depends on residency and jurisdiction.  See "The Basics of Family Law Jurisdiction," posted on http://willicklawgroup.com/grounds-and-jurisdiction/. As for specific property and debt distributions, it is VERY dependent on the law of the state of divorce; you will need to consult with a family law specialist in the place of divorce.... Read Answer

Short answer, "apparently, yes." In the case of Smolen v. Smolen, 114 Nev. 342, 956 P.2d 128 (1998), the Nevada Supreme Court had this to say: .......................... This court has "long recognized the attributes of the common law joint tenancy, though we have abandoned complete adherence to the requirement of the manner of its acquisition."[1] Mullikin v. Jones, 71 Nev. 14, 24, 278 P.2d 876, 880 (1955). Consequently, the district court's order stating that the property "shall remain in joint tenancy" created a joint tenancy replete with all characteristics attributable to this estate under the common law. One such characteristic is the power of any joint tenant to unilaterally transfer his interest and terminate the estate. The language of the divorce decree does not prohibit future transfer or alienation of the property. Thus, Martin severed the joint tenancy when he conveyed his interest in the Las Vegas residence to the new trust. This transfer not only severed the joint tenancy but also created a tenancy in common between Roslyn and the new Martin Smolen trust. Upon Martin's death, his interest in the Las Vegas property passed through the trust to Jason, rendering Jason a tenant in common with Roslyn. Martin and Roslyn, like all joint tenants, possessed not only an interest in the joint tenancy but also the power to transfer such interest and sever the tenancy. Martin's transfer of his interest in the joint tenancy terminated the joint tenancy but did not violate the common law or the divorce decree. ..................... So, bottom line appears to be that the Decree can call for continuance of a joint tenancy, but that either party may, thereafter, convert it to a tenancy in common.  If you wish to make the property's character more "bullet-proof," you may need additional terms or conditions, and should consult a lawyer for that purpose.... Read Answer

You have the right to seek "indemnification" from your ex-wife by hauling her into family court and making her cover whatever costs the creditor gets from you that she was ordered to pay.  These situations are a bit tricky, however, and you probably will need the assistance of a family law specialist.... Read Answer

Registration of a "foreign" (out of state) decree that has child custody or support terms in it is easy and usually inexpensive -- any family law specialist should be able to assist you, or you could look on the Clark County Self-Help center for forms to try to do it yourself.  But you will have to register the decree in Nevada to use Nevada court for enforcement of the decree's terms, if you need to do so.... Read Answer

To answer your last question first, figure out who was on the HELOC, and consider calling the lender to inquire.  Since it already appears to have happened, however, the question is what you can do about it.  There is case law indicating that if your ex fails to follow the decree and you are financially injured by that failure, you can haul your ex back into family court for reimbursement of your loss (presuming you can quantify it) -- so if they do seek collection from you, you can probably make your ex "indemnify" you for the loss/collection. Obviously, it is important to know EXACTLY what the decree says, so it may be necessary for you to consult with a family law (or credit repair) specialist.... Read Answer

To date, PERS has stated that when a spouse dies, the spousal share of the PERS pension reverts to the member.  This is their policy despite a Nevada Supreme Court case called Wolff that says that the spousal interest goes to the spouse's survivors.  There is another case before the Court now (Henson) asking the Court to take notice of that policy and consider doing something about it, but it is unknown whether the Court will act.  There are very few lawyers well informed on this topic; if you want to know how it develops, have the estate administrator or attorney contact our office, and we will keep you updated on whether and how it is addressed by the Court.... Read Answer