Nevada Divorce Legal Questions

This is a very common scenario.  If your existing court orders (if any) say anything about that property, you should follow that order.  If not, the usual method of dealing with this recommended by lawyers is to provide written notice of a given time within which he must contact you to arrange a specific time for pick up (say, within the next ten or 14 days) and that if it is not picked up it will be put into storage.  Then, if not picked up, pay one month's rent on a storage unit, have it all put there, give instructions to allow your ex access if he shows, and give written notice to the ex of where it is, how long the rental is paid for, and that if he does not pick it up it will be given away or destroyed by the storage unit.  Then it is no longer your problem.... Read More

Well, "transfer" is not really how such things work. You don't supply enough information to do an analysis of what jurisdiction was or is the proper one to hear the action, or even what kind of action it is.  You should probably look at "The Basics of Family Law Jurisdiction" which is posted here.  If it does not answer your questions, feel free to call to ask any follow-up questions you might have as to your options.... Read More

Some parts of your narrative do not seem quite right.  For example, it makes no difference whether he wants a divorce; the choice is entirely up to either party, and if you want to divorce, the court will grant it as a matter of right, as explained in the link here. You are entitled to your half of the property (or its value).  If he wants to keep the house, he will be required, ultimately, to refinance so as to buy you out, and if he refuses to do so, the court should ultimately require its sale.  See the information posted here. You mention two lawyers -- all of the above information should have already been explained to you.  If you still have not received adequate information and advice, first review the other substantive pages on the web site linked above, as to preliminary motions, and as to spousal support and alimony, especially.  Then consider a further consultation with this office, or some other family law specialist in Nevada -- it can be done by phone or skype if you do not plan to return here at any time from Illinois.  Either way, get solid information, soon, and then make a plan for moving forward with your life... Read More

Your facts are a bit unclear.  Presuming the house is jointly titled (or in his name) now, the Joint Petition, AND the Decree, should clearly identify the property in quetion and recite on the face of the documents that it is to be your sole and separate property.  Then make sure yoiu get a deed (Grant, Bargain, and Sale, or at least Quit Claim) that he signs, clearly signing over the proeprty to you -- and do it promptly; last year the Nevada Supreme Court said that if you wait too long to do the paperwork, property transfers are abandoned under the statute of frauds. You can do all this by joint petition, and at a bare minimum you should review the rules for how property and alimony work in Nevada, which you can review here and here.  Other information is posted at the self-help center, which youi can reach here.  But your best bet would be a consultation with a qualified family law specialist to lmake sure you are aware of all of your rights, obligations, options, risks, and benefits.... Read More

Short answer, yes (probably).  I was hired as an expert a few years ago to review exactly such a situation, and in Nevada simple error (or falsification) of data on the marriage license application may be a misdemeanor, but does not invalidate the resulting marriage.  of course, there could be other defects -- if "John" falsified his name beause he was already married to someone else, under any name, that would be a different matter.  It is uncertain what the facts are, and even whether the marriage was in Nevada (if not, the laws of the place of marriage would be the applicable ones to research).  If the marriage was here, an annulment could be sought here even if no party is a resident, as explained here.  Annulments in this state require a legal process, but do not "take forever."... Read More

Short answer, yes, but with limits.  The Nevada court would have jurisdiction over marital status (i.e., mrried or divorced) once one party has lived hee for 6 weeks, but if the other party remained in the prior marital domicile state (GA), then the courts here would generally not get jurisdiction over issues of property division, alimony, and perhaps child custody or support.  You should look over the article "The Basics of Family law Jurisdiction," posted here.  For more detailed advice, and to go over all alternatives, you should consult with a family law specialist.  And yes, you can file, but do NOT use some unlicensed paralegal "on line" service; they usually cause a lot more problems than they solve.  If yoiu are determined to go it alone, the self-help center forms can be found here.... Read More

Short, answer, no.  Nevada, like pretty much every State today, has "no fault divorce," which only really requires one party to file and express a belief in "incompatibility."  When people speak of "contested divorces" in the modern era, they are speaking of the terms, not as to whether a divorce will be granted.  You really should secure the advice of a family law specialist.  In the meantime, you should review multiple pages of our website, on subjects such as divorce, property division, spousal support, etc.  You can get to the website here.... Read More

It is impossible to determine what your quetion might be.  If you need information aboiut the div process, please look at the various pages on the relevant topics -- property division, spousal support, divorce, etc., here.  If you don't know where to begin, you should consult with a family law specialist to go over your facts, the law, your options, and get your questions answered. If you 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

If the facts are as they may be, "yes."  Child support may be modified (per what are sometimes called "deviation factors") for a number of reasons, one of which is "The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained."  For a much more in-depth explanation of Nevada child support, click here.  if you have specific questions about your particular situation and court order, you should consult a family law specialist.... Read More

Maybe.  The first question is what your existing Decree/order states about modifiability of support.  There is case law talking about cohabitation and alimony modifications; you should read the information posted here, and the outlines and articles How Cohabitation Affects Divorce Settlements (Teleclass with Carol Ann Wilson, CFP), posted here, and Cohabitation and Alimony Payments: Understand the Laws in Nevada, posted here.  For a more particular analysis of your exact facts and legal options, call and set up a consultation appointment to go over all of your options, at this office or with another family law specialist of your choice who you believe to be highly educated on these issues.  ... Read More

If anything, the recent changes to Nevada custody law have made it somewhat more difficult to successfully move to relocate children to another State, as explained on our child custody page addressing relocations.  If your husband remains in Nevada, there is no problem with divorce court jurisdiction to proceed here as to all issues, as explained here, but you should definitely consult with a family law specialist about your entire situation -- custody, visitation, support, property, alimony, etc., before relocating or doing anything else that might further complicate your situation.... Read More

Your case posted to the Nevada questions page.  If your case really is in the state of North Carolina, then any advice in Nevada would be tenuous.  Your facts, either way, are a bit too unclear to respond to -- it is hard to see what "hasn't been a year yet" means -- presumably, that has something to do with a North Carolina waiting period, which we do not have in Nevada. Please clarify your facts and re-post your question to the the correct state; you may get the answer you seek.... Read More

Short answer: "no."  Nevada is a no-fault community property state with a presumption of equal division of property accrued during marriage in the absence of "compelling circumstances" (financial) for an alternate distribution.  For detail, an explanation, and links to the relevant statutes, click here.  That said, drug dependence can be a factor in child cutody (if relevant) and although it should not appear in alimony/spousal support calculations, which are also supposed to be "no fault" (see here) it will probably come up anyway.  There may be other peculiar aspects of the tribal connection to the assets, since certain other, special laws apply to tribal property.  You really need an in-depth consultation with a qualified family law specialist to go over all aspects of your situation, and to map out your alternatives and options.... Read More

There is no way to tell from those facts who will be awarded the house.  Theoretically, it could be you, her, the two of you, or the house could be ordered sold and the proceeds divided.  It might be worth your while to have a full consultation with a qualified family law specialist to go over all of the facts surrounding the purchase of the house, the funds used, and many other factors, from which a clearer answer could probably be made.... Read More

It is unclear what sort of "relief" you are asking about.  Presuming that there are orders in place for child or spousal support and you have suffered an income loss of 20% or more, then a motion to modify will probably be entertained.  See the relevant statutes here and here.  The issue will be proof of the falsity of the charges, presumably, because the actual commission of offenses resulting in job loss is generally treated as a voluntary act of underemployment or unemployment that is a basis for denying relief.  If you do not already have it, you will need advice and assistance from a family law specialist well versed in this area of law.... Read More

Pensions go by many different titles (annuities, retirement benefits, "401(k)s," etc.)  Most union plans are "qualified" meaning that what you need is an enforcmeent order called a "QDRO" (Qualified Domestic Relations Order), to enforce the award made in your divorce decree.  For background, see the material posted here.  To ask specific questions to see how to get the necessary order in place and enforced, please speak with our QDRO staff, which yoiu can reach at 702-438-4100.... Read More

Like so many things in law, "it depends."  As to back rent, yes, if both of you were living there, you are both liable for any arrearage, and the court should enforce a claim by you for half the back rent -- if you litigated it in the case, or file a motion for it now.  You say he was your "ex," implying that there is a court order of some sort affecting status -- did the court make any orders as to who is responsible for what going forward?  If not, could you file a motion to amend the order to get a little help with the payments?  As a matter of contract law, the landlord can chase either lease signatory for the rent, but as a practical matter landlords will look to whoever is living somewhere to pay for it.  You may be able to renegotiate, shorten, or cancel the lease if you can't afford to live there any longer.... Read More

There are several answers, depending on the level of conflict and some of the surrounding facts. No, she "can't just refuse."  Well, she can, but that choice tends to incur consequences.  Are you in the court system?  Is there any kind of order?  Sounds like she is in and you are out of the house.  In that context, presuming no court involvement, Metro will do a "keep the peace" standby site visit if necessary while you remove your clothing, etc.  But they generally do not let folks walk out with furniture.  If you HAVE been to court and have an order saying that stuff is yours to take, the cops will generally stand by while you walk it out, if that is really required. If you can't get cooperation, that is why there is a family court -- get a court order, and then enforce it.  If unsure, consult a family law specialist versed in how to get things done.... Read More

Yoiu don't indicate where you are in the court process, but the system is set up to require each party to submit a "Financial Disclosure Form" -- with back-up documentation -- showing income from which support is determined.  If you are not in court, ask for salary/wage information informally; if you can't get cooperation, file a motion.  For information on how child support is determined, and the current presumptive maximums and other information, see here.... 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

It's not entirely clear what you are asking.  Yes, a postnuptial agreement can include a spousal waiver of rights to assets, including retirement and survivorship interests.  See "The Risks and Rewards of Postnuptial Agreements" and other resources posted here.  As to "will not be contested," it just isn't clear what you mean -- now?  Later?  In some future divorce?  It might be easier to call during regular business hours and ask such preliminary questions of a member of the attorney staff.... Read More

There is no way to estimate the cost of a proceeding from those few facts.  If entirely uncontested, it could be as little as the filing fees and you could get the paperwork through the self-help center without paying an attorney at all.  See here.  Obviously, there could be a lot more in the way of complications (debts, property, perhaps pensions, to distribute, requiring QDROs, issues of alimony, perhaps other matters not obvious from the question).  If you have some preliminary questions, feel free to call any time during regular business hours and a member of the attorney staff can try to answer them.... Read More

The answer to any such alimony case inquiry, on partial facts, is "maybe."  A full explanation of Nevada alimony law is set out on our Spousal Support and Alimony page, here.  You should also review the materials on our Military Retirement Benefits page, here -- you don't mention it, but after 7 years of a military marriage, you have a right to a share of the normal retirement and the TSP, as well.  There is a lot more, but it is more than can be put into an e-mail.  Please review the noted information, and then call to ask any follow up questions.  It is probably a good idea to schedule a consultation (please see the information here) and then proceed, as soon as you are ready.... Read More