Nevada Divorce Legal Questions

You need an attorney. Yes you can do it yourself, but each state's laws are different and what you are entitled to is also dependent on how long you have been married, are there children, etc. If nothing else, talk with a local family law attorney, pay a consultation fee, and get a better idea of what you are entitled to.... Read More

The question is a bit cryptic.  You appear to be saying: There is an extended protective order (presumably against the your ex). Your ex is continuing to violate that order by making threats. You (presumably) are paying spousal support to your ex. Those two things are not connected, directly, anyway; you can seek several different types of sanctions for TPO violations, but terminating spousal support is not one of them -- unless the underlying facts give a right, either under the court order, or under a general legal principle such as "changed circumstances" to make such a change.  I suggest a consultation with a family law specialist, to go over all the facts, and evaluate what options are available.... Read More

Rights to what?  Child custody and support will go in accordance with custody of the children and per the income of the parties.  For an explanation and the rules regarding those matters, see: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ As to your potential rights to money, property, etc., accrued during this relationship, see the explanation, materials, and articles posted at http://willicklawgroup.com/palimonycohabitation/. For a more precise evaluation of your current situation, what your options are, and what results are most probable, you should make a consultation appointment with a family law specialist (this office or other counsel of your choice) and go over your history and facts in detail.  See http://willicklawgroup.com/consultation-policies/ for some tips on how to create a time-line and how consultations work.  ... Read More

CAN a judge enter such an order?  Yes.  SHOULD a judge do so?  The answer rests in the details of the history, not enough of which is supplied to answer meaningfully. Settlement conferences do not usually result in "orders" or anything being "handed down" -- they are proceedings to reach agreements, so something appears to be a bit inaccurate in the recitation. At minimum, if you have no income, that would appear to be a "circumstance" affecting any orders for child support.  Yes, you could appeal any such order, but I doubt you will decide to -- appeals are expensive, lengthy proceedings, and if the problem is lack of time and money, I doubt you could tolerate spending a couple of years and tens of thousands of dollars to get appellate review.  See http://willicklawgroup.com/appeals/.... Read More

There is no law, rule, or procedure regarding where folks can review or sign papers, or whether lawyers need to be present.  If your daughter is fully comfortable with whatever the paperwork is, and is sure that it is what it purports to be, she can sign it anywhere.  If less sure, she should probably go over it with a lawyer.... Read More

Nevada does not require that your spouse agree to a divorce.  If your spouse threatens to not “give” you a divorce, know that in Nevada this is likely to be an idle threat without any basis.  Under Nevada law, to obtain a divorce you must only show that the court has jurisdiction over one of the parties to the marriage to affect the “status” (i.e., make you single instead of married).In short, it is not necessary to have your spouse agree to the divorce or to allege the specific difficulties that arose during the marriage to obtain a divorce in Nevada.  Based on facts you have not revealed, however, Nevada may (or may not) have jurisdiction over all of the "incidents" (issues) in the case.  First, see: http://willicklawgroup.com/grounds-and-jurisdiction/ Also read "The Basics of Family Law Jurisdiction" posted on that page.  If you still have questions, consult a family law specialist, who can explain.... Read More

Maybe.  There are various doctrines in play, including that of correction of judgments, omitted assets (maybe) and the concept of finality of judgments.  You don't say how long ago all of this happened, which may well make a difference.  Death of one of the parties is a further complication, because the assets in question are now part of that probate estate.  Quite a mess. If your brother wants to really know his rights and obligations, if any, as to any of this, he should gather all available paperwork from the time of the divorce, including the orders, any account statements, and at least a list of what assets existed, and see a competent family law specialist. At this moment I have a case pending before the Nevada Supreme Court which may alter the landscape of omitted asset cases somewhat, but he should not wait for further legal developments; in any such situations, time is not your friend.  If you brother wants information, or options, he should move as quickly as possible to get answers.... Read More

As with many legal questions, the answer to yours is "maybe" -- depending on facts that you have not revealed. Normally, unless the court order indicates otherwise, alimony is "modifiable" -- it may be made shorter, or longer, higher, or lower.  One peculiarity of the Uniform Interstate Family Support Act (“UIFSA”) is that only the State which made an original alimony award may modify it — no matter how many years have passed, and even if all parties have left the State of issuance.  This makes alimony modifications follow very different rules from those relating to child support. So the questions are:  Is there an original order for alimony?  From where?  What does the order say?  Answer those questions and you should have at least the first answer you need -- whether your ex can make the request in a Nevada court.  As to whether it will be granted . . . well, that is a different question.... Read More

If I understand your question correctly, you do not need to do anything.  In the U.S., unlike many countries in Europe, there is no procedure to "register" with the State a marriage or divorce entered elsewhere to make it "legal" here.  If it is a legal divorce in Germany, and both parties participated in the process there, it should be recognized here if you ever needed for it to be.  If you happened to be in Nevada, and for some reason needed a court to recognize your divorce, the process would be to get a certified (or apostille) copy of your decree from Germany, and a translation, and then "domesticate" it in Nevada.  But, again, that is not necessary -- every U.S. State, including Nevada, should recognize you as single based on the fact of your German divorce.... Read More

Not enough information.  Although not totally clear, I presume that you mean your wife was made a beneficiary of a trust set up by her parents.  If money was taken and used for marital purposes, or otherwise transmuted into community property, perhaps, but most likely the trust itself is not part of your current marital estate, and is probably beyond reach of the divorce court.  You should discuss the known details with your divorce counsel, however.... Read More

If your facts are correct, the dispute makes no sense.  If he really was paying weekly, he was paying early, for which there can be no penalty.  See http://willicklawgroup.com/interest-penalties/. He may also have been paying too much, as explained below.I suggest that if you go to court (or negotiate to conclusion) you arrive at a single expected means of payment of support due, and then comply with it to avoid confusion.He may have been paying too much because if he really paid $150 per week every week for a year, he paid $650 a month instead of $600, because three are 52 weeks in a year ($150 x 52 divided by 12 = $650).... Read More

First, his consent is not necessary for her to get a divorce.  While the other party ignoring the case can cause some delays (basically, to let the time for answering run, and then take default), divorce is essentially "one party" in the modern world, and you do not need the other side's consent, or cooperation.  A "contested" case is about the terms of divorce, not whether a divorce will be granted. As to child support, it is hard for me to tell what the time share, overall, really is from what you've written.  If you can figure that out, and know the approximate incomes of the parties, you can tell who would owe whom support under the law.  See the Rivero opinion and other information posted at http://willicklawgroup.com/child-support/.  Of course, either party could choose to waive money they are owed, but any such thing should be done with "eyes open" after seeing what the law indicates should be done. I suggest a consultation with a family law specialist, bringing the actual custody schedule, and copies of any agreements, letters, e-mails, etc., that might be used as evidence of whatever arrangement is actually in place.... Read More

Something is a little "off" regarding your question, but it could just be a matter of terminology.  Specifically, a "QDRO" (i.e., "Qualified Domestic Relations Order") is not needed for distributions from an IRA -- someone may be using incorrect language.  See the information posted at http://qdromasters.com/ and in the articles posted at http://willicklawgroup.com/published-works/. There is just not enough information in your question to figure out the answer -- you will need to consult with a family law specialist, who will need to see the Decree of Divorce, whatever paperwork you have from the actuary and other attorney, the entire plan documents showing balances, deposits and withdrawals at least back to the time of divorce, and any other correspondence, orders, etc. that concern the issue.  We do this all the time, and if we have both the court orders and the relevant background information relating to the plan balance, it usually is not that hard to figure out who needs to do what, and how, to resolve the matter. Finally, if the divorce was in NJ, then any further court actions will also have to be in NJ, but court filings might not be necessary.  If you no longer have an attorney in NJ working on the matter, it might be simplest to consult local counsel in NV; if everything can be done through the plan, rather than the courts, you can do so from here.  ... Read More

The short answer is "no."  While the other party ignorning the case can cause some delays (basically, to let the time for answering run, and then take default), divorce is essentially "one party" in the modern world, and you do not need the other side's consent, or cooperation. There could be some jurisdictional issues, depending on which party moved from and to where, and whether there are children, or property, or alimony issues.  See the articles, and information, posted at http://willicklawgroup.com/grounds-and-jurisdiction/.... Read More

There IS no "wait time." And both "desertion" and "abandonment" are largely irrelevant in modern divorce practice in Nevada. The short answer is that if you live in Nevada, have done so for 6 weeks, and believe that you are incompatible in marriage with your spouse, you can file at any time. When a spouse is absent, you can arrange to serve them overseas, or (in some cases) "serve" by publication. For details, consult with a family law specialist.... Read More

There is no such thing in Nevada as a divorce by abandonment or desertion, as we are a no fault state. The only grounds you need are incompatibility (or living separate and apart 2 years). You need to have Nevada residency, file the papers, and get your spouse served. If you don't know where your spouse is located to be served, you need to seek an order to publish service, which requires full due diligence detailed by affidavit. The "wait time" depends on how fast you can get your spouse served with papers, and then whether or not he responds to contest the action. If he responds, your divorce can easily take 6 months to a year. The absolute fastest way to get a divorce done is by agreement through the Joint Petition process, which requires that your spouse sign off on all paperwork. If you want to make sure things are done as quickly and efficiently as possible, hire an experienced attorney.... Read More

His immigration status may affect custody/visitation issues, but otherwise will not affect the divorce case itself. The sooner you can end this marriage, the better, as your efforts are only gaining community property assets for him, and building his case for spousal support against you.... Read More

If your spouse was already legally married to someone else at the time you got married in 2011, then your 2011 marriage is void as a matter of law and you cannot seek a divorce. However, you may have assets, debts, or child-related matters that need addressed and that would need done where you (or he) reside (or where the children reside). Under these circumstances, many people will choose to proceed with an annulment, so the record is clear (for taxes, credit, property ownership, retirement accounts, etc.). You may seek an annulment in Nevada (since you were married here), where you reside, or where he resides. In making the decision on where to proceed, you should determine whether or not your spouse will cooperate, how you will prove he was still married if he won't cooperate, and convenience factors including time and money.... Read More

You must find a way to pay. Try to get on a payment plan with the IRS, get a second job, take a loan, whatever it takes. Otherwise you will eventually end up in jail and owing even more money (as ongoing contempt is going to result in more attorney's fees . . . not only for you, but you will owe your ex's fees as well).... Read More