Nevada Divorce Legal Questions

The question is a too vague and imprecise to render much of a meaningful answer.  For example, you do not indicate where "the property" is, or who moved from where so as to create the situation where you two live in different states.  These things are important in analyzing the question of who can do what, where. First, try to determine what state might have jurisdiction over what questions.  For an explanation, see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works. Presuming there is something to be done in Nevada, see the resources on the Property Division page of our firm website, at http://www.willicklawgroup.com/property_rights_division. If you are just not sure, you really should consult with a family law specialist to go over all of your situation, and analyze each issue and what options you have to deal with them.... Read More

"Conjugal property" is not a term of art -- at least not in Nevada.  Short version -- if arguably community funds (i.e., money earned by you, or your husband, during marriage) is used to acquire property, that property has a potential community claim on it, no matter whose name you put on title.  First, see the information posted http://willicklawgroup.com/property-rights-and-division/.  If the posted explanation is not sufficient, you really should consult with a family law specialist prior to buying any property, putting other people's names on it, or otherwise doing anything that might make later legal proceedings just that much more complicated, lengthy, and expensive.... Read More

"Commingling" involves any combination of separate property with community property; a related concept, "transmutation," generally involves re-titling.  An explanation of both concepts and how they work is set out at http://willicklawgroup.com/property-rights-and-division/.  And the community property laws apply to all kinds of property -- real, personal, intangible and inchoate.  If the posted explanation is not sufficient, you really should consult with a family law specialist.... Read More

Short version, no, you are not lawfully married to your putative second wife.  See McClintock v. McClintock, 122 Nev. 842, 138 P.3d 513 (2006): The parties met while each was still married to another.  The man obtained a divorce, and the woman filed a joint petition for divorce on September 2, 1993, and married the man the next day, but the district court did not sign the divorce decree until September 23.  For the next ten years, the parties lived as husband and wife, thinking they were lawfully married.In 2002, the woman filed for divorce, and the man discovered the timing facts, and counter-claimed for annulment.  The wife moved in her prior divorce action for a nunc pro tunc order declaring her divorced from the earlier husband on the date she had filed the joint petition; the man intervened to oppose it, but the district court granted the motion.On appeal, the Nevada Supreme Court held that a nunc pro tunc order can only reflect that which was actually done such that "the change will make the record speak the truth as to what was actually determined or done or intended to be determined or done by the court," and so could not be used to alter a divorce decree to a date before the matter was actually adjudicated.  The Court held the marriage void, and remanded for further proceedings. ............................... Your situation is a disaster waiting to happen.  You can re-marry your current "spouse" immediately, if you are SURE the annulment from wife #1 has now been granted.  if not, finalize that matter first.... Read More

Not nearly enough information to give a meaningful answer.  Where has everyone been living for the prior 6 months?  Are the kids in any immediate danger?  What is the Texas connection? Generally, "self-help" is a lousy idea that can lead to confrontations, unpleasantness, and sometimes violence. Start with the information posted at the link below (including the "Basics of Family Law Jurisdiction" article): http://willicklawgroup.com/child-custody-and-visitation/ Then consider filing a motion to obtain a "pick-up order" which will make recovering the kids MUCH more likely to succeed than proceeding without one.  If you have not consulted with competent family law expert counsel, you should do so before doing any of the things discussed above.... Read More

Not enough information, really, but probably not.  There is a formula -- "Malmquist" -- that (I think) describes what to do in your situation.  See: http://willicklawgroup.com/property-rights-and-division/ If that does not answer all questions, I suggest that you speak to a family law specialist, in this office or some other.... Read More

Your question is not really clear. If you have an attorney, and you need something signed by your spouse in order to finish your divorce, your attorney can easily make arrangements to get that document to your spouse in jail/prison. Your attorney can bring it to your spouse, or can mail it to your spouse.... Read More

In Nevada, a person's immigration status is irrelevant to getting a divorce. You must meet the residency requirement (6 consecutive weeks with the intention to remain indefinitely). If there are minor children involved, the children must have been in Nevada 6 months. Nevada is a no fault state, so you do not need any grounds beyond irreconcilable differences. If you need grounds for immigration purposes, you need to discuss that directly with an immigration attorney. In my experience, hoarding would not constitute abuse.... Read More

You don't provide enough information for an intelligent answer, but after waiting 12 years, it hardly seems worth agreeing to anything you don't agree to just to "hurry the matter along." If you are not in full agreement, go to "trial" - which is likely to be a very short hearing. And if you are not comfortable figuring it out, consider hiring a lawyer to complete the case for you, or at least consult with qualified counsel, showing all the paperwork, before deciding what to do.... Read More

You need to schedule a Case Management Conference if one has not already been scheduled. That conference is with the Judge, who will issue temporary orders and determine what issues are truly in dispute. It is possible the divorce may be granted at that point, depending on the circumstances. You would do well to consult with an attorney in your area to get a better read on your court and your judge to know what to expect.... Read More

There are a couple of uncertainties -- "we agreed . . . "  how exactly?  Property Settlement Agreement?  Divorce Decree?  Formal Stipulation?  Court Order?  If the obligation is stated in the decree or a formal order, is it on its face modifiable or unmodifiable?  Different rules may relate to modification of an order than to alteration of an agreement set up to survive as an independent contract.  See http://willicklawgroup.com/spousal-supportalimony/. If silent, court orders for prospective support are modifiable.  Finally, college expenses are typically considered elective in Nevada law (no court here can order a parent to pay college expenses as support, although agreements to do so are enforceable by the other parent or the child).... Read More

Your question has multiple layers. Place of marriage is, in American law, irrelevant to place of divorce.  Folks married all over the world can divorce in the U.S., and if the divorce is legitimate, MOST places around the world recognize them as such. I have had a couple of cases involving Trinidad, and I believe they generally recognize American legal proceedings. However, you appear to hint that your husband committed fraud in the divorce -- claiming that the wife was served, when she was not, and that he was not a resident of the state when he filed.  If it had been a Nevada divorce, and either of those things was so, the other party could move to set aside the decree of divorce at any time. To be more specific as to the effect in NY, you will have to ask NY lawyer.  Ditto for recognition in Trinidad (you will need to consult an attorney there).... Read More

Your situation depends a great deal on where you are in the divorce process.  You really do not so much need a power of attorney as clear orders from the divorce court regarding your ability to deal with the assets and liabilities of the marriage.  If you have a family law specialist as your divorce counsel, you should be directing your questions to that attorney.  If you don't, you should get one, as quickly as possible. In terms of liability for debts incurred during separation, Nevada law is pretty vague; there are a couple of cases about "necessaries" and we have written a couple of articles you can review -- Division of Debt and Community Property in Nevada: Where Will the Money Go? Community Debt Issues & Pendente Lite Orders in Community Property States and Allocation of Debt at Divorce (presented by Richard Crane) both posted at http://willicklawgroup.com/published-works/.... Read More

To some degree, it depends on exactly what the decree says he was supposed to do -- if there was an exact due date, he can be held to the date; if not, a date can be set, but it might be easier to just presume that a non-specific due date is the last day of the month.  If, as you say, the decree said payments are due on the first, interest is owed for each day late that the money was not paid.  Sometimes it helps "encourage" promptness to send a calculation showing how much interest accrues.  See http://willicklawgroup.com/interest-penalties/. As to not paying at all, the usual first step is a demand letter -- either from you or your counsel (either way, keep a copy -- it is an exhibit for any later court action).  If no response and money is forthcoming, file a motion to reduce arrears to judgment, with interest, and seek fees for doing so. If you have any questions on any of this, feel free to call.... Read More

As with so much in law, the answer is "maybe."  If you are missing 11 years of payments (your note is unclear how LONG you have not been paid) the court may very well question what took you so long to complain about it.  You don't say how long ago the house was sold.  There are statutes of limitations to make such claims, but you do not supply enough information to say if any of them apply in any way. Jail is usually the last option -- that does not (directly) produce compliance with the order, which is presumably what you are really after. It is not possible, without a lot more information, to tell what happened, really, and therefore what is likely to happen at an upcoming hearing.  I strongly suggest you consider a consultation appointment with this office, or that of another family law specialist, as far in advance of the court date as possible.... Read More

In the U.S., place of marriage is not relevant to where a divorce should and could be filed.  See the explanation and materials posted at http://willicklawgroup.com/grounds-and-jurisdiction/. So if you have been here for 6 weeks, you can file here.  However, you may (or may not) be able to deal with all issues in the case in a case filed here.  See the explanation in the article posted on that web page called "The Basics of Family Law Jurisdiction." Then, if you have any further questions, feel free to call to discuss the matter.... Read More

A TPO has no effect on your right to claim spousal support/alimony. However, you need to get a divorce case on file and bring a motion for an award of temporary spousal support ASAP to assert your claim. And you need to have no contact with him whatsoever while the TPO is in effect, as any contact of any form or nature can get you into serious trouble and lends credence to his claims that you have drug or other problems. Work through your divorce case to get the relief you need.... Read More

In the order you raise the issues . . . . Maybe -- you don't reveal enough facts, but if you review the information on this page, it should answer your question: http://willicklawgroup.com/property-rights-and-division/ As to filing, the only "ground" you need is incompatibility, and NV does not recognize "alienation of affections" for any purpose, either for divorce or tort damages.  See: http://willicklawgroup.com/grounds-and-jurisdiction/ You should seriously consider a consultation with this office or that of another family law specialist to go over your individual situation.  ... Read More

Yes, it is -- but depending on facts you do not reveal, it may or may not be possible to resolve all issues in that divorce. Status (married or not married) goes wherever either of you go, so once you have been here for six weeks, you can file for divorce in Nevada.  See: http://willicklawgroup.com/grounds-and-jurisdiction/ You may, or may not, be able to resolve issues of property division, child custody, visitation, and support, alimony, etc. -- depending on whether any of those things are relevant, whether your wife makes a legal "appearance" in the action, and other matters.  See the article entitled "The Basics of Family Law Jurisdiction" on that same web page. After you have done some preliminary reading, I suggest making a consultation appointment with this or another family law specialist firm to go over your particular facts, circumstances, and options.... Read More

If everyone has truly left TX, that State lost the ability to make a determination of child custody, despite it being less than 6 months since the move, UNLESS a custodial parent and the child moves BACK to TX before anyone files anything. See the article called "The Basics of Family Law Jurisdiction" posted at http://willicklawgroup.com/child-custody-and-visitation/. And there are multiple reasons to file in one state, or the other -- for example, TX has essentially no alimony, so a spouse seeking alimony should do so in NV, not TX, if possible. There are a lot of factors to consider; you would probably benefit from a full consultation with a family law specialist, either this office or some other, before making any decisions.... Read More

This is a third attempt; the prior two attempted answers did not post. Your facts are unclear, but it appears that the Decree was in Nevada, you are in Texas, and your ex has moved to CA.  If so, you probably cannot sue in TX, which has no jurisdiction over your ex.  Normally, such cases are in the place of Decree,/divorce, or the place where the obligor lives so the court has the ability to enforce collections. As to costs, consider asking for a contingency arrangement, which is permissible in straight arrears collections, but not in divorces themselves.... Read More