Nevada Divorce Legal Questions

Well, the short answer is "yes, you can," but you may well not want to. The problem is that unless your estranged spouse voluntarily agrees to participate in the Nevada action, the NV courts will have jurisdiction only over "status" and what little property is located here -- not over the CA real estate, your soon-to-be-ex, issues of support, or several other matters.  You might want to start with the article “The Basics of Family Law Jurisdiction,” posted at http://willicklawgroup.com/published-works/.  There is a lot more on the web site that might be of interest to you as well.  Whether, tactically, it makes sense to litigate the divorce in Nevada, and other issues in California, is a matter best gone over, in detail, in consultation with a family law specialist well versed in matters of jurisdiction.... Read More

I don't understand the question.  Nationality is irrelevant.  Citizenship is irrelevant.  National origin is irrelevant.  If you otherwise qualify to file for divorce, and the court has jurisdiction, you can file.  See http://willicklawgroup.com/grounds-and-jurisdiction/.... Read More

Short answer, "no."  But it may be a bit more complicated.  If the case is in PA, only a lawyer admitted to practice there can do anything in the action.  However, from the structure of your question (it seems that Husband left Nevada to go to PA, making this the last matrimonial domicile and place with jurisdiction over most issues), it seems possible that the courts of PA do not really have jurisdiction to do anything. You may want to check out the article "The Basics of Family Law Jurisdiction," posted at http://willicklawgroup.com/grounds-and-jurisdiction/, and if it is not clear, speak with a family law specialist well versed in jurisdictional matters, in this office or some other one.  But you should act quickly, and carefully, you may need to make a "special appearance" but not a general appearance) in PA to preserve your defenses, and your time to do so may be pretty short.... Read More

As a matter of theory, title indicates presumptive ownership. You do not indicate whether community (marital) funds purchased the vehicle, but that seems to be likely, so both parties do have ownership rights in the car. But yes, it is simply a "balance sheet" item - whatever the value is, less the outstanding loan obligation, and it makes sense to either liquidate it, or put it in the column of whichever party is actually able to make the future payments. The other party will be owed half the equity, whatever it is. And of course, if the parties do not agree, the court can and will decide those questions, and can order the car to belong to one party, or the other, even if someone refuses to sign the title documents.... Read More

You should IMMEDIATELY proceed in family court for an order requiring payment to you of your half of the 401(k), and then pursue collection.  This is one example of why the QDRO should have been prepared at the time of divorce, but if it was not, for whatever reason, you must pursue your right to the money you should have got.  If you do not, and enough time passes, a court could find that you relinquished your claim to it.... Read More

Other than by agreement, not really.  The only way to get a court order requiring a party to move out of a home is to have some court action to file that motion and order in -- a divorce, or separate maintenance action, or a Temporary Protective Order Proceeding -- see the pages describing each of those, as well as the page called http://willicklawgroup.com/preliminary-matters-and-motions/, all on our firm website.... Read More

The short answers to your questions are: Generally, it is split. Maybe, depending on the facts. Debt, like assets, are generally equally divided, but the court can do otherwise in "compelling circumstances."  See the article "Allocation of Debt at Divorce" posted at http://willicklawgroup.com/published-works/. Normally, whoever gets an asset gets the debt attached to that asset (such as a mortgage) unless there is some good reason to do otherwise (like a second being taken out on a house to get a car, and the other party keeping the car).  For an analysis of your specific facts and circumstances, you really should consult with a qualified family law attorney, in this or some other office.... Read More

Your question is a bit hard to understand.  If you marry, then divorce, the decree controls your rights and obligations.  If you remarry the same person, most texts on the subject say that the "executory provisions" (i.e., future rights and obligations set out in the decree) are set aside.  If you remarried the same person, the safest bet would be to RE-ESTABLISH the original provisions in the second divorce (or annulment) decree.  Otherwise, the validity of those obligations is very uncertain. If you need assistance -- and it sounds as if you do -- consult with a family law law specialist... Read More

Where you married should not matter, so long as it was legal where it was done.  I do not know what "recognized" means -- domesticated?  Litigated? You do not indicate who was where when, and who left the other; the last matrimonial domicile makes a difference as to which court might have jurisdiction.  See the materials (including the article "The Basics of Family Law Jurisdiction") posted at: http://willicklawgroup.com/grounds-and-jurisdiction/ http://willicklawgroup.com/divorce/ http://willicklawgroup.com/property-rights-and-division/ If you still have questions, which is likely, I suggest you write out a "timeline" or chronology to show what happened in what order (for some assistance, see the guide for making such timelines we posted at http://willicklawgroup.com/consultation-policies/; if you need further assistance, and specific advice tailored to your particular circumstances, you really should schedule a consultation with this or some other family law specialist firm.... Read More

It is unclear what you are asking.  Assuming you live here, you can divorce here, but you should also consider annulment, on the facts you appear to have.  Look at the materials at these pages: http://willicklawgroup.com/annulment/ http://willicklawgroup.com/uncontested-annulment/ http://willicklawgroup.com/divorce/ http://willicklawgroup.com/uncontested-divorce/ If you need further assistance, you should schedule a consultation appointment to go over all of your individual facts and circumstances so you can make a reasoned decision.... Read More

The answer may vary between cellular providers, and the area is moving quickly, both as to technology and as to the applicable laws, but the past few subpoenas we have served have been returned with a notation that the data no longer exists after days, or weeks.  Sometimes it is possible to get "metadata" (basically information about whether, how much, how long, and from where messages were sent) even if you cannot get the texts themselves.... Read More

There are "consequences" for ANY decision you make -- including not making a decision.  In Nevada, mere separation does not end a marriage -- matters of property, debt, and potential support continue despite separation, at least for a significant period of time. As to the period of pre-marital cohabitation, it is possible that you have a claim for both support and property accrued during the entire period, under a theory known as "tacking."  It is explained in an article I wrote a couple of years ago, titled "The Evolving Concept of Marriage and Coming Convergence of Marital and Non-Marital Property and Support Law (Nevada Lawyer, May, 2011)" posted at http://willicklawgroup.com/published-works/.  THe question is whether any increase in value (or paydown on mortgages and other debt) occurred during the marriage/relationship. These topics are fairly complex -- even many divorce lawyers do not understand them well.  You should find a family law specialist well versed in those subjects, at this office or another one, to consult with about your specific circumstances.... Read More

Well, it was a joint account, the bank probably did nothing wrong by permitting her access to it.  In order: Close the joint account and open a new one in your own name. Write a demand letter to your estranged spouse if you have not already done so, demanding return of your money, and giving her "x" days to pick up her property, telling her that if she does not, it will be deposited at a self-storage place with only the first month's rental paid, so she will have to pick it up from your parent's place, or from the storage unit, or lose it.  Then actually do what you say. In the meantime, if you can't afford a lawyer, go to the Clark County self-help center website, and find the general form for divorce, and file for it; also look for the form for a motion; if she refuses to return the money, file the motion asking the court to order her to do so as part of the divorce you request.... Read More

Your immigration status is irrelevant. You must have been a NV resident for 6 consecutive weeks, and you must intend to stay in NV "indefinitely." If there are children, NV will not have jurisdiction over them other than to have you pay child support (since NV has jurisdiction over you). If your spouse will cooperate, you can proceed with an uncontested process through a Joint Petition. If your spouse will not cooperate, the process could take quite a long time, as your wife must be served with the legal papers in her home jurisdiction (and can contest jurisdiction if children are involved).... Read More

Your question is pretty vague -- there are not nearly enough facts to give any kind of reasoned analysis on a topic as subjective as alimony.  However, a couple points to consider: First, you can generally NOT go back to court to increase alimony sums merely because children age out; if not negotiated for in the original divorce, you are probably stuck with whatever you did negotiate, although alimony may (usually) be modified, technically, based on "changed circumstances." You really want to do this right in the original divorce.  In addition to obvious pension questions (for example, a firefighter has PERS retirement, which you should be sure you are properly addressing, regarding payment-upon-eligibility, survivorship options, and otherwise), you should make sure whoever is representing you knows how to do a comprehensive alimony analysis.  See "An Alimony Manifesto" and other references at http://willicklawgroup.com/spousal-supportalimony/.  If you have not yet obtained sufficient advice and information, keep looking.... Read More

In order..... Your divorce lawyer (if he or she knows collection law) is legally able to do anything that a "collections lawyer" could do. There are limits on the maximum sum that can be garnished at any given time; if you are already at those limits, adding another writ may not be useful. Make sure that you are keeping track of interest (and, for child support) penalties on all sums owed.  See http://willicklawgroup.com/interest-penalties/.... Read More

There is no distinction, really.  If one party is a resident of Nevada, and the other makes a legal "appearance" by signing a Joint Petition, or an Answer, the court would have the same jurisdiction over both parties, and their property, as it would in any other instance.  For background, see the article "The Basics of Family law Jurisdiction" posted at http://willicklawgroup.com/grounds-and-jurisdiction/ and the other information also posted on that page.  If this does not answer the question you are trying to ask, you should probably speak with a family law attorney.... Read More

Like most things in law, the answer is "it depends."  It is not possible to tell from your question who is where, why, whether any court anywhere has entered any court orders altering any rights and obligations, etc.  There are local court rules as to who can be excluded from a house, and on what circumstances (and those rules are being revised in the next several months), but no one would be able to answer a question like that intelligently -- under the existing or the new rules -- without knowing the background to it.... Read More

Dear Ms. Jascobsson: The short answer to your question is, unfortunately, no. THe long answer is that anyone in the world (whether married here or not) can move to Nevada and file for divorce here.  See http://willicklawgroup.com/grounds-and-jurisdiction/ and http://willicklawgroup.com/divorce/.  However, the courts here would not have jurisdiction over your husband, and therefore jurisdiction to resolve questions of alimony, property and debt distribution, etc., unless he also made a legal "appearance" in the action.  See the article titled "The Basics of Family Law Jurisdiction" also posted on the web site. Your best bet is to confer with a Spanish lawyer to verify what you think to be true -- it seems unlikely to me that there is NOTHING the courts there can or would do for you.  From here, however, I think all I can offer you is best wishes for good luck.... Read More

Your facts are not entirely clear (for example, "4cks"?).  However, from a property perspective, the question is what classifies as community property, and most probably (although your facts are pretty vague), a "trust fund" is a separate property income stream.  For definitions and explanation, see http://willicklawgroup.com/property-rights-and-division/. That is not necessarily the end of the analysis, of course; much can be done, in appropriate cases, by way of alimony, or even set aside of separate property -- again the facts are critical to the analysis.  See http://willicklawgroup.com/spousal-supportalimony/. You probably need "aggressive" less than you need "highly knowledgeable."  Be wary of anyone making promises, especially without full information.  In that regard, you are correct -- a full consultation to go over all relevant facts, circumstances, and options, is precisely what you should obtain.  If you wish to schedule one with this office, see http://willicklawgroup.com/consultation-policies/ and call us if you wish to set up an appointment.... Read More

If what you describe is actually the existing order, no.  Has a deed of transfer been recorded?  If not, is the legal description of the property in the decree (in which case, THAT should be recorded).  If you are unsure, or there are important facts left out (for example, that no one has paid the mortgage and there is a foreclosure involved here), matters might analyze differently.  You really need to consult with a family law specialist, bringing copies of all of the relevant orders, correspondence, and notes as to any oral conversations, to figure this out.  Sooner is better.... Read More