Nevada Divorce Legal Questions

The short answer to your question is "yes" -- the rules require service of process, etc., but sometimes people serve wrong addresses, or even lie about it, requiring motions to set aside.  Any family law lawyer can easily check the court computer to see if a case is pending, or you can call the Clerk's office and ask directly (702) 455-2591 for Clark County.  And if you want to proceed but your ex has not filed anything, you do not have to wait for your ex; you can file yourself at any time.  For background on every subject of property, debt, spousal support, etc., see the materials posted here; you should also consult with a family law specialist.... Read More

Short answer:  yes.  Long answer: it depends on what you wish to accomplish; it is also unclear who lives where, at least as to the children.  The Nevada court can dissolve the marriage, but it is clear that there are other issues, including child custody and support.  Look at the materials posted here and here, and probably check out the pages on Divorce, Property, and Spousal Support, and then especially the article "The Basics of Family law Jurisdiction" (on both the Child Support and Child Custody pages), and then call, ask any preliminary follow up questions, and consider scheduling a consultation to go over all of your facts circumstances, rights, obligations, and options.... Read More

Short answer: "no."  His rights stem from whether he has a legal claim to the location, not his marital status to you.  If he is not on the lease, simply do not let him in.  If he has a key, you can change the locks (if permitted by your lease).  If the situation is that confrontational, however, you might be better served by a temporary protective order or an order for exclusive possession issued in a divorce action.  Either way, it is probably wise to consult a family law specialist.... Read More

Short answer:  "maybe," but you probably do not want to.  If no counterclaim has been made in the existing action, you shouild be able to dismiss the Nevada divorce case.  And you can re-file wherever you are now -- but that coiurt may lack jurisdiction to grant relief in whatever issues are pending in the case.  For an explanation, see the article "The Basics of Family law Jurisdiction," posted on the willicklawgroup.com website.  If you have any questions, speak with a qualified family law specialist before taking any action to dismiss the existing case.... Read More

Your facts are not entirely clear.  You do not indicate where the two of you last lived together (the "last matrimonial domicile") which is important in such situations.  See the discussion in my article "The Basics of Family Law Jurisdiction," posted here.  Also refer to property and alimony law in Nevada here and here.  It would probably be easiest to do a preliminary jurisdictional analysis over the phone; please call at any time during regular business hours, and one of our lawyers will step through it with you and determine where you must proceed.... Read More

You do not indicate what connection your inquiry has to Nevada, and the answers may well vary from state to state.  The underlying facts are very unclear -- was the motor home in the decree?  What $10,000 and why?  Is that the savings accoiunt?  There are so many loose ends that the best I can recommend is to make a call to a family law specialist in the relevant state; if this case really is in Nevada, feel free to call at any time during regular business hours and go over the basic facts with one of our attorneys and we will see if there is anything we can do to assist you.... Read More

Short answer: "no."  Community property goes to the property accrued during the marriage.  Please review the information about property division here, and do not allow yourself to be bullied or threatened; I strongly suggest a consultation with a qualified family law specialist, in this office or another, as to both divorce and annultment options (which you can review here).... Read More

Each of these situations is highly fact specific, so on the basis of this limited informtion, the answer has to be "maybe" -- but probably.  For background, review the explanation and articles posted here, and then I strongly urge you to schedule a detailed consultation with a family law specialist well versed in this subject.  Frankly, there are few lawyers who have had much experience in this area; we have litigated several such.  Whatever you decide to do, you should not delay; such claims should be made as quickly as possible to the end of the relationship.  Please let us know if you have any other preliminary questions.... Read More

It is unclear where the order was entered.  If in Nevada, enforcement can begin through our courts; if it was in Missouri, you must contact an attorney there to initiate collections.  If the order was a Nevada order, feel free to call at any time during regular business hours and we will explore what we can do to assist you.... Read More

Youi don't actually ask a question, but it is obvious that you need information, and a consultation, asap, with a family law specialist.  First, take a look at the divorce, property division, custody and support pages of our web site, here, and then get a consultation scheduled; the time to set aside fraudulantly or negligently unopposed orders is limited, so act quickly.... Read More

It is a bit unclear exactly what you are trying to accomplish.  If you are asking whether property (including proceeds from a lawsuit) are community property despite separation, the answer is "yes" under Forrest v. Forrest from 1984, unless a court finds "compelling reasons" why property should not be equally co-owned.  You may find useful information on the divorce, property division, spousal support, and other pages of our web site, which you can access here.  It would probably be wise for you to schedule a full consultation with a family law specialist to go over all of your options, costs, risks, and potential benefits.... Read More

It is impossible to give comprehensive advice either by email or from those few facts.  I suggest that you review the divorce, child custody, child support and other relevant pages of information posted here, and then consider scheduling a consultation appointment with a family law specialist to go over all of your choices, cost, risks, and options.... Read More

In addition to the normal issues in any divorce, recounted here, any divorce involving someone in law enforcement necessarily involves issues relating to pension division.  We have posted several articles going over those issues here.  Really, however, while self-education is good, there is no substitute for an in-depth consultation with a qualified family law specialist.  You can attempt to get referrals from attorneys you know, or you couild review posted qualifications and biographies.  The State Bar posts a list of all certified specialists here, and those attorneys who have attained Fellowship in the American Academy of Matrimonial Lawyers can be researched, by area, here.... Read More

It is not clear what question you are asking.  Nevada is essentially a "one-party" divorce state -- you have to be married, and wish not to be (technically, asserting "incompatibility"); the other party can contest terms, but essentially cannot prevent a divorce from being granted, as explained in greater detail here.... Read More

While I'm not familiar with that particular website, most of the pay sites for forms are of low quality and dubious value.  Be aware that"quick and inexpensive" can sometimes cost you a lot -- the point is often not so much what a person does "wrong" as not knowing what or how to deal with at all (for example, addressing accrued retirement benefits).  You might want to consider at least consulting with a family law specialist to make sure you are not missing something that coiuld cause you grief years from now.  Still, for those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.  And they are free, and approved for use by the family court judges.... Read More

There is a single case in Nevada (Metz) dealing with the issue of SD and SSI benefits.  It says: Parents have duty to support their children, citing NRS 125B.020.  The child support statute authorizes a district court to determine a parent’s support obligation based on "gross monthly income," which could include both SSI and SSD benefits, per NRS 125B.070.However, a federal statute may preempt a state statute when they conflict.  The Court framed the issue of whether federal law exempted SSI and/or SSD from being considered as gross monthly income under the child support statute.  The Court distinguished between SSI and SSD.SSI is a welfare program designed to assure that the recipient’s income is maintained at a level viewed by Congress as the minimum necessary for the subsistence.  SSI is intended to supplement a recipient’s income, not substitute lost income because of a disability.  SSD is a disability insurance program that provides benefits for disabled workers and is available based on an employee paying into the social security system during employment.  SSI does not have that requirement.  SSD is intended to replace lost income when an employee is unable to work after becoming disabled.The Court concluded that gross monthly income is no longer limited to income from employment and that both SSI and SSD qualify as a source of a parent’s gross monthly income under NRS 125B.070.  However, the federal exemption for SSI benefits also preempted Nevada law; it may not be considered for calculating child support.  Because Congress had consented to income withholding, garnishment, and similar proceedings for child and spousal support enforcement for SSD, those benefits may be used to satisfy a child support order, and these benefits may be included in a parent’s gross income in determining child support. .................................. What is "available" for child support is also available for alimony.  So yes, you can make an alimony claim based on the difference of total income available to each of you; it is still a discretionary call with the court whether or not to grant that request.  You should, if possible, consult with a family law specialist well versed in this area.    ... Read More

Most of the questions you ask are explained on the "Preliminary Matters and Motions" page of our website, which is posted here.  It is sometimes possible to hire counsel on a "staged" retainer -- meaning a minimal initial payment, with the first course of action being going to court to get adequate funds from the other side to be able to afford counsel and deal with the divorce case.  I suggest you review the substantive pages of the web site, which may well provide valuable information about property division, child custody and child support, alimony, etc.  As soon as possible, you should consult with an attorney. 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.familylawselfhelpcenter.org/.... Read More

Your options are limited.  Forcibly detaining your wife yourself could lead to criminal charges against you.  If you think her mental health is in question, call Metro and find out whether her behavior merits a mental health evaulation and hold (sometimes called a "legal 2000"); see explanation here.  Otherwise, you could seek a legal separation or divorce, or if you do not wish to end the marriage and believe that your wife is in need of a guardian, seek one -- see here.  You may want to consult with an attorney regarding any of these options.... Read More

As explained on our "property Rights and Division" page here, in Nevada, premarital property is defined as separate property -- normally, only property accrued during the marriage is at issue in either a divorce or an annulment, and there are some distinctions between those two legal processes as to how property and other claims are assessed, as explained here and here. As explained in detail on those pages, there is no specific time within which an annulment is allowed, but there are grounds to satisfy.  You should have your son look at the posted materials, and then he should consult with a family law specialist to go over all of his options, costs, risks and benefits, probably as soon as possible.... Read More

There are various specialty Bar associations in Nevada, including the Family Law Section, but no known"Turkish" bar associations in town.  You could get a copy of the legal directory and look for a "Turkish name," but it is unclear what you are seeking, really; if what you want is a lawyer well-versed in international family law, you would be better served by looking at the biographies of the few lawyers in town who are members of the International Academy of Family Lawyers (you can look that organization up on the web).  If something else, find a family law specialist and ask for a referral.... Read More

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.familylawselfhelpcenter.org/.... Read More

While it is late now, it would have been possible to transfer ownership to the actual owners (i.e., you and your ex) while the loan stayed in the mom's name.  Hopefully, there is a clear paper trail showing whose money went where.  The actual numbers and evidence make a difference, and it may be possible to have a court force a re-titling, or a "partition" to get your money back out of the house.  You really need a consultation with a family law/real estate attorney to go over all of the facts and numbers, and figure out how to either negotiate, or litigate, a way of getting your money back.  Time is not your friend, however, so do not put this off.... Read More

Short answer: no.  Statutory and case law make it clear that to establish Nevada residence in the first instance, you must actually live here, intending to make Nevada your home, for at least 6 weeks.  Details are here and in the article "Divorcing the Military," in the section titled "Federal Jurisdiction," posted here.  That said, it is unclear what exactly you are trying to accomplish, or why, and there may be another way of doing so.  You should call this office, or that of another family law specialist well versed in military and jurisdictional matters, explain your actual aim, and see if the attorneys can help you achieve it.... Read More