Nevada Divorce Legal Questions

Generally, the court order controls (there are some case that indicate that parties may orally modify agreements, even those in writing, but generally oral agreements do not modify court orders, and it looks like you, at least, had no intention to actually modify the sum payable, only the installments of that payment. People make this mistake all the time (that is why 4 payments a month does not equal 52 payments a year). I suggest that you write a letter, explain that you owe $600 per month, and that you will make $150 per week payments each week until $600 has been paid, and then no payments until the next month, and see how she responds.  If there is an actual dispute, you will at least know what she is asserting you agreed to, and can decide whether it is worth it for either of you to file a motion.  Of course, you have control, in that you simply have to not make the additional payments, and you will know soon whether she thinks it worth while to push the point.... Read More

Absolutely not. Nevada's residency requirement of six weeks is six CONSECUTIVE weeks of actual residency with the intent to remain indefinitely. You must stay in Nevada until your divorce is final, and you must have a witness sign an affidavit in the presence of a Notary Public stating they have physically seen you in Nevada for six full weeks. If you have kids, they must be in Nevada for six months before the Nevada courts have jurisdiction to enter custody orders. Do not mess around with this. The only way you stand a chance of getting a Nevada divorce is if you actually live here for 6 full weeks before papers are filed, you stay here until the case is over, there are no children involved, and your spouse agrees to all terms and signs a joint petition. If you have a contested matter, there is no way you are going to get it through the Nevada system without actually living here (and your spouse has multiple legal defenses that could result in the case being dismissed).... Read More

Probably not, at least directly.  You don't say how long ago your divorce was, but normally property division terms (including pension divisions) are final 6 months after a decree is entered, unless there is some kind of fixable mistake in them. Normally, the time to prove "waste" claims is during the divorce, so it may be too late to make a claim, but if you are not certain, I suggest you consult with family law specialist counsel; sooner than later would be better.... Read More

If your facts are correct, the answers are, too. Under Nevada law, if anyone attempts to marry, but has a prior spouse still living, the later marriage is "void ab initio" -- and automatically null and void. If the second "putative marriage" has been of any significant length, then there are property and debt (and, potentially, support) issues that can and should be addressed even though the marriage is invalid, and the invalidity of the marriage will have no effect on custody or support of any children. Some additional information is posted at http://willicklawgroup.com/annulment/, but if you need more detailed analysis or answers, then you should make an appointment with a family law specialist and ask them directly.  See http://willicklawgroup.com/consultation-policies/.... Read More

Unfortunately, the answer to this question is not simple. In general terms, a brief trip would not be a problem. However, anytime you are using a bare minimum of 6 weeks to establish residency, there are potential problems. They include whether or not the matter will be contested, whether or not there are jurisdictional issues (or forum non convenience issues) that go beyond simple residency, whether or not children are involved (which requires 6 months in Nevada for UCCJEA jurisdiction), whether or not any real property is involved and where it is located, etc. You must remain in Nevada until your divorce is concluded. How long that takes past your 6 weeks of residency completely depends on the nature of your case. You would do well to consult with an attorney before proceeding, to make sure that what you are attempting to do can actually, legally, be done.... Read More

In my opinion, the divorce is Mexico is NOT valid and this would especially be the case in the Philippines where they don't generally recognize divorce anyway. You need to look carefully at the website you are perusing, to make sure you are actually dealing with an attorney licensed in the jurisdiction where you are seeking to file papers as opposed to dealing with a business person just looking to get your money. Overall, the only way to get any quick divorce, in any jurisdiction, is with the cooperation of your spouse. To get divorced in Nevada, you must live here for at least 6 weeks before you can file, and you must remain here until the matter is final. If your wife will agree to terms and sign papers, your divorce can be done in 2-3 weeks (following the residency period, and after everything is submitted to the court). If your wife will not agree to terms and sign papers, you must bring a contested action and your wife must be served with papers. If she contests the matter, you have to go through the normal court process which can take months. If she does not contest, you can proceed by default. An annulment is likely out of the question in any jurisdiction, unless for religious reasons done in complement to a divorce.... Read More

How difficult?  It depends, almost entirely whether the matter will be contested, presuming you can file at all. You do not indicate whether any person is a resident of Nevada; if not, neither can file for divorce here until one of the parties establishes residency and lives here for at least 6 weeks.  See http://willicklawgroup.com/grounds-and-jurisdiction/.  The rules are very different for annulment, however, so long as the marriage was here.  See http://willicklawgroup.com/annulment/. So, if no one involved is a Nevada resident, my suggestion is to contact a family law specialist well versed in annulment law; if your facts would appear to qualify, you may very well be able to do everything remotely.  We do several annulments every year for folks located out of the U.S., and have done two for Italian residents just in the past year or so, on similar facts. ............................................. ANSWER TO REPLY: Of course, we are family law specialists (that is why I was selected to answer these questions for this State), and if you send me an e-mail contact, I can and will send youi further information about initiating an annulment action whenever you wish, from where you are.  E-mail:  Marshal@willicklawgroup.com; phone 702-438-4100.... Read More

You left two questions, which I will answer together here.  You could file for either (actually, it is probably best to file for BOTH, "in the alternative," which is not difficult if you know what you are doing).  You can access the forms at the Clark County self-help center if you want to try the "do-it-yourself" route, in which case your only costs will be filing fees; it does not sound as if you expect any opposition, so there is no reason to expect lengthy procedures as long as everything is done correctly.  See http://willicklawgroup.com/annulment/.  Many people, concerned with the time it takes, and the complexities of dealing with the court for anything, decide to hire a lawyer even for an uncontested case, if they can.... Read More

You cannot file in Nevada unless your husband lives here. You need to check with an attorney in Puerto Rico to see if you are eligible to get divorced there. One of the problems you will face is notifying your husband of the proceeding, as you will have to make an effort to locate him.... Read More

There is insufficient detail to answer your questions, but yes, presuming a long-term marriage or other considerations - such as a large income disparity as you describe, alimony can be awarded (gender is irrelevant) and can ultimately offset child support (presuming she has primary custody; if child custody is 60/40 or closer, you would have joint custody and she would be paying child support to you).... Read More

His ex-wife cannot come after your money since she is not a partner to your marriage. If you are concerned that she will try to come after you, you can always sign a pre nuptial agreement with your boyfriend stating that all or most of your salary is not community property, thus no portion of your salary would be available to him, thus it would not be even potentially an issue with his ex.... Read More

You are bound by the terms of the original order. However, if you failed to comply with the terms of that order, you could be held in contempt of court for your failure to comply with the terms of the order. As such, you really need to sit down with an experienced family law attorney in your area who can advise you regarding the terms of the order and your compliance with it.... Read More

Your question is a bit vague.  If the prior court order is from California, you must ask that court to enforce the obligation or require your husband to comply with the payment terms.  You could file for divorce in Nevada, but the court here would have no jurisdiction over your husband to make him do or pay anything.  If the situation is what I think it is, your solutions lie in California.... Read More

Your question is a bit sparse on details, but the answer is probably "yes."  Current law requires only a finding of "incompatibility."  And if one of the parties lives here, the court has jurisdiction to hear the case.  See: http://willicklawgroup.com/grounds-and-jurisdiction/ http://willicklawgroup.com/uncontested-divorce/  ... Read More

What you "qualify for" is not a question which can be answered without all of the facts. There are a number of statutory considerations for this type of question and the answer will depend upon a review of those considerations and a determination of what jurisdiction might be deciding the question ultimately.... Read More

You need to direct this to an attorney in New Mexico. What you are suggesting would be a problem in Nevada, as a community property state there is no "your money" or "my money" all money is community property income, and making payments on a separate property item would create an interest to the community whether or not your name were ever put on the separate property. In Nevada, what you are really trying to do is have the community purchase the separate property.... Read More