Nevada Divorce Legal Questions

Not enough information.  If both parties appeared in the Colombian action, and the divorce there otherwise complied with basic tenets of Due Process (notice and an opportunity to be heard, basically), then if the divorce is valid there, it should be considered valid here.  If you are not sure, bring all facts, and papers, in for a consultation with this office or that of some other family law specialist and get a detailed analysis of your specific facts.... Read More

"Home of record" is not the relevant test (although many folks, including some lawyers and judges, think it is).  You should do a bit of background reading, and then decide how you wish to proceed.  To answer your question about how jurisdiction works, look at 3 things.  The web site page: http://willicklawgroup.com/grounds-and-jurisdiction/ Then parts of two articles.  First, "The Basics of Family Law Jurisdiction," posted on the same page, and then the jurisdiction sections of "Divorcing the Military: How to Attack, How to Defend" posted at: http://willicklawgroup.com/military-retirement-benefits/ Armed with that information, you should consider whether you wish to file a motion to dismiss her complaint.  Feel free to communicate directly once you have an idea what you want to do, with any follow-up questions.... Read More

If I understand your facts correctly (the house was gifted to you alone, you did nothing to add your wife to title, and there have been no community property funds invested in the house), no, although you may still need to get certain papers signed to sell it so long as you remain married at the time of sale.  See: http://willicklawgroup.com/property-rights-and-division/ And then consult this office or that of another family law specialist if you still have questions.... Read More

The short answers are "yes" and "yes."  If you pulled a license, went through a ceremony, etc., the marriage is "legal," and if you qualify under the law, annulment is an option.  We do a number of annulments for foreign nationals in similar circumstances every year.  Since the marriage was in Nevada, no physical appearance, and no establishment of Nevada residency, should be required for an annulment proceeding (i.e., neither party should have to come back to or be here), if the clients otherwise qualify. With some basic information, I could analyze the case and tell you whether an annulment here is likely to succeed: Where is everyone involved living now?  How likely is it that we will get cooperation, or active opposition, from the other party? With those answers, and some basic background facts, I can tell you what we can do, and (usually) how long it is likely to take, and how much it is likely to cost.  The background information necessary is explained on two pages of our web site: http://willicklawgroup.com/annulment/.  http://willicklawgroup.com/uncontested-annulment/ I suggest that you closely review the questions posted there, and the information about how the process works, and let us know whether you have any further questions.... Read More

It is always difficult to do the cost/benefit for such matters -- your choices are few.  You can force the issue by filing a motion in family court and getting an order for compliance on pain of sanctions, fees, and contempt (be prepared to pay whatever alimony you have been holding up).  Or you could just not send any more money -- knowing that she has 6 years to drag you back to court to get that money (plus interest) and that by then the property you want will probably be gone.  This is a "you snooze, you lose" situation -- if the stuff is important to you, send a final letter giving a deadline, and then file your motion to force the turnover, and do it all soon.  Three years is already pushing things.... Read More

Your question cannot be answered by an American lawyer -- you need to ask that question of an Australian lawyer. In the U.S., you could seek an annulment.  We do a number of annulments for foreign nationals in similar circumstances every year.  Since the marriage was in Nevada, no physical appearance, and no establishment of Nevada residency, should be required for an annulment proceeding (i.e., neither party should have to come back to or be here), if the clients otherwise qualify. With some basic information, I could analyze the case and tell you whether an annulment here is likely to succeed: when was the marriage ceremony?  Where is everyone involved living now?  How likely is it that we will get cooperation from both of the parties? With those answers, and some basic background facts, I can tell you what we can do, and (usually) how long it is likely to take, and how much it is likely to cost.  The background I need is explained on two pages of our web site: http://willicklawgroup.com/annulment/.  http://willicklawgroup.com/uncontested-annulment/ See if that answers your questions, and consult an Australian lawyer as to your options there.  Then see what makes most sense for you.... Read More

The short answer is "maybe." If you really 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.  Recently, Legal Aid started a program explicitly to assist Veterans. 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.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html.... Read More

Well, it depends.  If you are still a Nevada resident, (check your DD-2058 form on file with the military, which is your “State of Legal Residence Certificate,” or legal residency form), then Nevada law allows you to proceed here despite being stationed elsewhere.  If you are a legal resident of some other State, you have to check on the law there. Much depends on what issues, if any, are present (property, debts, alimony, child custody and support, etc.).  If none of those, and if you are a Nevada resident, it should be reasonably straightforward to obtain a Nevada divorce; while you could try using the self-help forms, the extra complexity of being away, deployed, ad your spouse leaving the state indicates that you should probably hire counsel.  See the various pages on my firm web site as to particular issues, and Grounds and Jurisdiction, and let me know if you need any assistance.... Read More

First, do not be bullied.  If you don't "sign the papers," there may be consequences (i.e., he could take default and obtain a default divorce) but you are not going to made to go back to Nevada. It might be in your best interest to consult with an attorney, there or here, to evaluate whatever issues exist in the case.  For the moment, check out the "Grounds and Jurisdiction," "Property Division," "Spousal Support" and any other pages of our firm website that look like they might be relevant to your situation -- it will give you some background as to how those issues work.... Read More

Your question is a bit confusing, and the information you have may not be correct.  Frankly, the bank should not care what "the decree says."  THey may be concerned with title, and ownership, and whose name is on the mortgage, but the decree itself should be irrelevant.  Make sure you know exactly what they are saying they need, and why; there may be a simpler way of accomplishing it. That said, it is possible to amend a decree, based on several possibilities, with different timing.  If the mistake can be considered "clerical" it can be corrected "at any time."  If the assertion is that there was negligence, fraud, etc., there may be a six-month time limit.  For details, see the article entitled "Partition Actions and Fraud Upon the Court" posted at http://willicklawgroup.com/published-works/.... Read More

Gay or straight, most folks divorce other places than where they marry.  You are right to be concerned about procedure, not because of the shifting residency, but because some States (like Nevada) have not yet eliminated their gay marriage bans.  The lawyers and judges are essentially working around those laws; while the stories are anecdotal, I think you could file in Nevada.  Presuming this is entirely uncontested, as your references indicate (would your ex sign the documents?) you should consider a complaint in the alternative for annulment and divorce, either way resulting in status (unmarried) being restored with everyone keeping all assets, debts, retirement benefits, etc., in his respective possession.  For background, see the web pages below, and then feel free to call if you have any further questions. http://willicklawgroup.com/annulment/ http://willicklawgroup.com/divorce/ http://willicklawgroup.com/uncontested-annulment/ http://willicklawgroup.com/uncontested-divorce/ http://willicklawgroup.com/grounds-and-jurisdiction/  ... Read More

That is a long, long time to wait before doing anything!  Almost certainly, there is more to the story, and specific advice should wait until you go through a consultation to go over everything you know about the facts leading up to those events, and what you know about the economic and other lives of both parties since then -- there are many facts that MIGHT alter the advice to be given.  And it is hard to see what health issues you are referencing, or why they are relevant to the divorce/annulment question. Generally, however, it is common to file a complaint "in the alternative" -- for both annulment AND divorce, so if things do not turn out as anticipated, you will still conclude the action by becoming unmarried.  First, see: http://willicklawgroup.com/annulment/ http://willicklawgroup.com/divorce/ Then schedule a consultation with this office, or other family law specialist office, and find out as closely as you can the costs, risks, and benefits of each course of action you might take.  ... Read More

Do not sign ANYTHING until you understand what you are signing, and your rights and obligations.  You need to consult with an attorney; many law offices in Las Vegas have one or more Spanish speakers in them, or if money is a problem, you could at least get a short, and free, consultation at the Ask-A-Lawyer program at the family court, held each Thursday afternoon, and usually including at least one Spanish speaker.  Or call the Bar (702-382-2200) for a reduced fee panel consultation referral.  But do talk to somebody --before you make a mistake that may or may not be correctable.... Read More

Short answer: "probably not."  Citizenship is not required for a marriage, so its absence is not a ground for divorce.  Whether the facts and circumstances of your marriage leave it susceptible to annulment for fraud or otherwise is a question best delved into during a consultation with a family law specialist at this or another firm.  I suggest starting by reading the information posted here: http://willicklawgroup.com/annulment/  ... Read More

If you pulled a marriage license, and then went through a ceremony back in 2010, then the marriage was presumably lawful, making your later marriage elsewhere bigamous and void under American law (sex, cohabitation, and pretty much anything else, is irrelevant). I cannot answer your immigration question, but I strongly suggest that you have your first marriage annulled in Nevada, which you can arrange to do while you are overseas, and then remarry your current spouse.  For some background, see http://willicklawgroup.com/annulment/.... Read More

Your question is too vague to answer precisely.  What "papers"?  Virtually all parenting agreements, divorce complaints, answers, etc., are in fact notarized /verified; my suggestion is to take whatever paperwork you are concerned about and consult a family law specialist as soon as possible.... Read More

Frankly, your question is a bit hard to follow.  You are worried that she will request custody BECAUSE she has mental health and drug issues? Answering your last question first, fees are always at issue, and can be requested by either side; from your description, however, it does not sound as if your ex has much capacity to pay anything.  Further, you use the word "separated" and not "divorced."  If so, everything that either of you has -- or owes -- still technically remains community property and debt. You need to consult with a family law specialist.  If you really 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.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html.... Read More

In reverse order, while there are lots of Nevada lawyers also admitted to practice in California (I am one of them), it is not usually a good idea to hire an attorney in one state to do something in another -- there are too many local rules, matters of procedure, etc., and it is usually faster, easier and cheaper for a local lawyer to do something in a local court.  So you could simply hire a CA lawyer to finish the case while you live here. If it has been languishing that long, the CA court there may have already dismissed the CA action as stale and unprosecuted; you should call the clerk's office in the relevant county and ask. Then there is the matter of jurisdiction.  I do not know what is at stake in the divorce action -- if only status (i.e., married or not) it makes little difference, but if there are property, debt, support, or child issues of any kind, the NV court probably would not have jurisdiction to resolve them. You probably need at least a short consultation with a qualified family law attorney, here or there, or at least to go over matters at the Thursday afternoon Ask a Lawyer clinic at family court.... Read More

This fairly common situation is pretty simple to solve.  Any lawyer will have a process server company that can perform a skip trace and either find the person or do an affidavit of due diligence indicating that the person cannot be found, which then permits service by publication. Depending on facts you do not recite, there could be a lot more to this -- was any property, or debt, accrued by either party during marriage, despite separation?  If so, it should be specifically addressed to avoid the nasty surprise of someone showing up many years later claiming half of whatever accrued during the past 13 years.  Any kids?  They also need to be specifically addressed.  You should consult with a family law specialist well familiar with the Forrest decision and its meaning.... Read More

Should not be that difficult.  Any competent process server can locate a person to serve papers, or provide an affidavit of due diligence showing evasion of service, which then can be used to obtain consent for "service by publication."  If this is difficult for you, consider hiring family law counsel to deal with it -- we handle this kind of thing every day.... Read More

There is more than one way to skin this particular cat, so it is best discussed "substractively." Nevada has no jurisdiction over him relating to property and debts, or over enforcement of the decree. Under UIFSA the ONLY court that can ever modify alimony is SC. You could either (if local rules there permit it) get the substantive ruling of default and indemnification in SC, and then move to domesticate and enforce it in VA, or reverse the order, start with domestication of the judgment in VA, and then move to hold him in contempt/seek indemnification there. Your first move should probably be a chat with your divorce lawyer in SC to see what the options are in the place that entered the original judgment.... Read More