Nevada Divorce Legal Questions

The details and history are a bit sketchy, and there is no simple way to "cancel" an 8-year-old marriage, but we have done many annulments for foreign citizens.  With some information about the cooperation of the parties, and some basic background facts, it woiuld be possible to tell you (usually) how long it is likely to take, relative odds of success, and how much it is likely to cost.  The background needed is explained on two pages of our web site:http://willicklawgroup.com/annulment/. http://willicklawgroup.com/uncontested-annulment/.If, as you indicate, 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).  Citizenship is not relevant; the question is the satisfaction of statutory grounds.  If that is not possible, then the only alternative would be divorce, presumably where one or both parties now lives.... Read More

Yes, but not directly.  You can file a motion to get the court to sign over the house to you for sale (an "NRCP 70" motion) which then allows you to sell the house without requiring any co-signature.  And ask, in that motion, for reimbursement of whatever fees you incur to get the necessary order.... Read More

Your question may be just phrased awkwardly, but: You cannot file in the Nevada courts for a divorce decree to be entered in the Kansas courts. You can file for divorce in Kansas, through Kansas divorce counsel in the Kansas courts, against a Kansas resident while you remain living in Nevada. You can file for divorce in Nevada, through Nevada divorce counsel in the Nevada courts, against a Kansas resident.  However, on this last option, there could be limitations on the subjects as to which the court has jurisdiction, depending on whether the other party chooses to "appear" in the case.  For details, see the article "The Basics of Family Law Jurisdiction," posted on our website here.... Read More

It is difficult to make any kind of prediction without knowing the entirety of the situation.  Normally, one party being an addict does not automatically give rise to an obligation of support by the other.  One spouse being disabled, however, might have such a presumption -- but there is an awful lot more to the spousal support puzzle than can be communicated in an email.  Start with reviewing the information, including the articles, posted on our spousal support page.  Especially look at "A Universal Approach to Alimony: How Alimony Should Be Calculated and Why."  There are also far shorter materials, and even some videos.  However, the issue of alimony is always highly dependent on the specific facts of your case, and I strongly suggest consulting with a family law specialist as to all issues, as soon as you possibly can.... Read More

Grounds for what?  If you are "in the middle of a divorce" then separation was presumably inevitable, and the fact of either of you doing so during the case does not provide "grounds" for anything except perhaps an adjustment of what money, if any, is paid to or from one of you to the other, unless there are children involved, in which case the separation gives rise to a need for an agreement or order as to their custody, visitation, and support.  There is not enough information to go on here; if you have questions, you should consult with a family law specialist.... Read More

As a technical matter, youir marriage in 2010 was void if either of you was still legally married to someone else.  And the later divorce did not "validate" your marriage. The question really is what you want to accomplish.  Stay together?  Separate?  Yes, folks intending to separate who have been living in a "putative marriage" often seek a formal decree of annulment to resolve all potential property claims, even though technically it is not required (as to status, anyway) since the marriage was "void ab initio."  But you do need to unwind your potential claims to property; a great deal of information and explanation is set out at our Annulments page, which you can reach here.  If you need further guidance, you should consult with a knowledgeable family law specialist.... Read More

Consummation, per se, is irrelevant.  For applicable statutory bases, and an explanation of how annulment law works, see the explanation and posted materials here.  Then consider consulting with the family law specialists in this or another firm to determine whether you have a good annulment case, or not.... Read More

Short version, no. The "marriage" goes wherever either of you goes, so right now either of you could file an action for divorce - you where you live, and she where she lives. Jurisdiction over the "incidents" of the marriage beyond status - property, custody, alimony, etc., is a different question - the divorce page of our web site, and the extended discussion of these questions in the article titled "The Basics of Family Law Jurisdiction" which is posted there.... Read More

There is no question there.  You can find a notary anywhere (your bank, any lawyer's office, etc.).  Instructions on how to file papers are on the self-help center website.  If you require additional assistance, there are services, such as "Document Preparation Service," run out of this law office, which will assist you in getting papers into proper form and getting them filed, at a minimal cost.... Read More

No competent lawyer would ever give a "for sure" response to an email inquiry with this few of facts.  For an explanation of the relevant legal tests, procedures, and links to the statutes, etc., see the information posted here.  Beyond that, you should schedule a full consultation with a family law speialist and go over your entire case, top to bottom. so you understand every issue, possibility, risk, cost and benefit.... Read More

These facts are a bit sketchy, so the proper response is "maybe."  We have seen this scenario many times before.Nevada residency is NOT required for an annulment of a marriage that was performed in Nevada – if the parties qualify for an annulment, which largely hinges on who, precisely did what, when, where, and why, although the few facts that you have indicated might appear to potentially support a claim here.  We have done many annulments of foreign parties.A “voidable” marriage is considered valid until it is annulled upon the request of a party having grounds to make that request. Potential grounds to declare a marriage voidable are: (1) Lack of consent of parent or guardian (for a minor less than 18 years old); (2) Want of understanding; (3) Fraud; or (4) Grounds for declaring a contract void in equity.The last category (“grounds for declaring a contract void in equity”) encompasses many annulment claims in the modern era, based on such contract-like assertions as mutual mistake, undue influence, duress, negligent misrepresentation, etc.  This is where the cases involving people coming to Vegas who believed that the ceremony was “just for fun” and did not believe it would have a legal effect “back home” tend to fit in, or could be asserted.  Such claims are sometimes made when both parties intended to be married, but had very different expectations about what that marriage would entail.There is no precise time limit within which an annulment action must be brought. Case law states that when an annulment is granted after a purported marriage of significant duration, the property that the couple acquired during that time is to be equally divided.  Alimony is apparently not to be awarded in annulment cases except upon findings of fraud or bad faith.Useful information can be found at:http://willicklawgroup.com/annulment/http://willicklawgroup.com/uncontested-annulment/http://willicklawgroup.com/grounds-and-jurisdiction/There are, of course, some questions, the first of which is whether both parties will cooperate and sign supporting affidavits.  If so, this would be a “true uncontested” matter, which is usually much simpler and less expensive.Other questions include some greater background of the history leading up to the wedding ceremony and what has happened since then.  Any joint property or debts?  As to the break-up – who was where and who did what.  Sometimes, a narrative explanation is easiest.... Read More

Short answer: yes.  But invoking the privilege in a civil action may not be required, and might be overcome by an appropriate extention of immunity.  For a discussion of those issues, see my newsletter discussion of a recent case here.  It is probably a good idea for you to consult with independent counsel -- prefereably a family law specialist well versed in these issues -- to avoid making mistakes.... Read More

Presuming you mean that a Complaint for Divorce has been properly served, Nevada law provides 20 days to file an Answer, motion to dismiss, or other responsive pleading.  It is calendar days so yes, weekends count, but if the last day is a weekend, you go to the next following work day.  The Complaint should have been accompanied by a "Summons" stating that; if you suspect service was faulty or deficient, you could show the papers you received to a family law specialist who could advise in detail.... Read More

Well, the facts relayed are a bit sketchy.  No lawyer would advise a person to evade service, but a trial subpoena is normally not effective until and unless served; the party seeking to call a witness can offer alternative evidence (depositions, perhaps affidavits) for witnesses whose presence was attempted to be secured but who are "unavailable."  If unsure, the best advice would be to actually consult with a family law specialist, explaining all the facts and circumstances, since items not mentioned could be very important to the question you seek to ask.... Read More

There is not enough information in that question to frame any kind of intelligible response.  You should gather the paperwork, from both NV and AZ, and schedule a consultation with a family law specialist well-versed in divorce jurisdictional law (there is an article on our website, "The Basics of Family Law Jurisdiction," which may help).... Read More

Your question is not clear. If one party has filed for "legal separation" (in Nevada, it's actually called "separate maintenance) the other can counter-claim for divorce.  And all issues are on the table -- child custody, support, alimony, and proeprty division.  For the rules governing all those subjects see the individual pages we have explaining each subject, which you can reach here.... Read More

Without more detail, no comment is possible on the "legal documents" you mention last, but since most such are only interested in status (married or not) which date you used for being married is probably not relevant. As to the main question, if the original elopement was legal, as you indicate, it is the actual marriage and the second is not a problem, it is just irrelevant. A single divorce will dissolve your marriage regardless.... Read More

This is not a family law question, but normally Social Security benefits are individual, not an asset that can be left to someone else.  Your son may be individually entitled to some form of benefit -- he should inquire at the Social Security office online or by phone.  You may want to speak to a wills, trust, and estate lawyer about the status of your estate, since your question hints that you may still be married to a spouse from whom you are long separated.... Read More

Short answer: "maybe."  The question is less whose name is on the house title than where the money came from to acquire and make payments on it.  For an explanation of how property claims are analyzed in Nevada, see the materials posted here. From your question, it is difficult to tell which court might have jurisdiction over what claims.  To explain, see the article "The Basics of Family Law Jurisdiction" posted here.  There are enough questions about who can do what, where, and who has claims to what, in which actions, that you should probably schedule a consultation with a family law specislist to go over all possible claims, defenses, and options.  If you wanted to schedule a consultation with this firm, our consultation policies, procedures, and costs are posted here.... Read More

Your facts are a bit unclear; it should not have been possible to complete a divorce without proof of issuance and service of a Summons as well as a Complaint.  Rather than guessing, which is all that is possible from your posted question, you should probably get copies of all of the filed documents and consult with a family law specialist; if service was incomplete or inadequate, any resulting court order is subject to being set aside as void.... Read More

The facts are a bit fuzzy but if the bottom line is that your ex is refusing to sign a necessary document, you can ask the court to have the clerk sign in place of your ex (this is a "NRCP 70 signature").  You should tell your ex that you intend to do so first, so if she continues to refuse to sign you can recover attorney's fees.... Read More

First, talk to your landlord.  If yoiu cannot get assistance, contact the Shriff's department to see if a standby, direct assistance, or an eviction is possible in your circumstances.  If that does not work, once you file for divorce, you can immediately file a motion for temporary exclusive possession, which should be heard and decided quickly.  For details, see here.... Read More