Nevada Divorce Legal Questions

If you were not on the accounts, your ex's non-payment should not be reflecting on your credit history.  You should contact the credit bureaus directly (you can get all 3 major credit reports once each for free each year -- you should get Experian now, and then the other one at a time, say, after 60-90 days, and then another 60-90 days), to see if you can clean them up yourself.  If unsuccessful, there are lawyers who specialize in credit matters, and we or another office could refer you to such a specialist if you need it, or you could look on AVVO or Lawyers.com for a lawyer with that specialty.... Read More

The main problem is that the language used in your question is not the "terms of art" that makes answering them straight-forward.  For example, there is no such thing in family law as "demands," and "partner" is a term of unknown meaning, so it is unclear what, precisely, you are referring to or asking.  Even if a divorce complaint is defective in some regard, an answer (or a motion to dismiss) should be filed within the time allowable for an answer.  If this response is insufficient, I strongly advise you to scan whatever paperwork you are looking at to a family law specialist, who can then comment on the paperwork involved.... Read More

The facts are a bit convoluted, but if a lien was filed 10 years ago and was against a house not in the name of the person (you) against whom the lien was targeted, it is probably invalid on several grounds, and the person with standing (your husband) should probably send a demand to the lawyer to lift the lien or face an action to quiet title and seek damages against the attorney for clouding title to the property without a valid basis.... Read More

Thre is not nearly enough information here to answer the question asked.  It is completely unclear what property is where, who acquired it, who paid for it, why a New Jersey deed could possibly be relevant, what the dates of marriage are, or much of anything else.  Presuming the question actually involved Nevada, information and materials on property are posted here.  But I think you are going to need to explain this question, in a lot more detail, to a qualified family law specialist to get any meaningful answers to your questions.... Read More

This area is difficult, and intricate, and yes, there are many things that can go wrong.  I wrote the "partition" staute relating to such overlooked assets; for a review of the history, and the controlling statute, and the various complexities, please see "Partition Actions: What Every Nevada Divorce Lawyer Needs To Know" (CLE, December 3, 2015), posted here.... Read More

Short answer -- probably yes.  For information about grounds and jursdiction for filing for divorce in Nevada, see here and here. You may need to consult with a family law specialist -- not every issue ("element") can necessarily be dealt with under the situation you describe, so if property in Ohio, child custody, or alimony is at issue, you may have to take another path.... Read More

Well, no. They are very different. Nevada has only one form of divorce - an absolute divorce, with no interlocutory or partial forms, unlike certain other States. In addition to absolute divorce, however, Nevada has a separate statutory allowance for separate maintenance, commonly (if inaccurately) referred to in Nevada as a "legal separation." Such an action is used to determine the temporary possession of real and personal property between spouses, along with their financial responsibilities to one another, and either temporary or permanent custody, visitation, and support of any minor children, without dissolving the marriage. Generally, any subject that may be addressed in a decree of divorce may be addressed in a decree of separate maintenance, except that the marital status continues to exist.... Read More

It depends.  If you are using the self-help center forms, then follow the instructions, but the key, no matter which way you are doing this, is to be as clear and certain as possible.  For example, WHO is responsible for listing, who has approval of the sales price, and who makes the payments until/unless the property sells.  WHEN things are to be done.  Presumably, that what is being sold is the net profit after costs and commissions, etc.  If you need more guidance, it might be best to consult a family law specialist to assist in avoiding mistakes.... Read More

Such an order is within the jurisdiction of the family (divorce) court to order, either as a matter of property or alimony, if such coverage is actually available, and presuming the economic facts of the case warrant the order.  See: http://www.willicklawgroup.com/property-rights-and-division/ http://www.willicklawgroup.com/spousal-support-alimony/ What you probably need is a consultation with a family law specialist to address all of your specific questions, options, costs, risks, and benefits.... Read More

The short answer to the question "can I file?" is yes, of course.  You should review some basic information about child custody and relocation matters here.  As for all the other details -- property, alimony, etc., feel free to review the relevant pages of the web site on those topics, but what you really need is a comprehensive consultation with a family law specialist to fully explore your facts, your options, and all foreseeable costs, risks, and benefits.... Read More

Your question is a bit unclear; presumably, you mean your friend intends to file for divorce in the U.S., not in the Philippines.  The short answer is "yes," but there are a lot of questions about what can and can't be done, depending on facts you do not state:  Are there kids?  Where?  Will the spouse cooperate, fight, or ignore the action?  Is there any property?  Where? How long is the marriage?  Is anyone seeking alimony? It is impossible to provide much more information from a question this general, but you may find the answers you are looking for at these locations: http://www.willicklawgroup.com/divorce/ http://www.willicklawgroup.com/grounds-and-jurisdiction/ http://www.willicklawgroup.com/spousal-support-alimony/ http://www.willicklawgroup.com/property-rights-and-division/ http://www.willicklawgroup.com/child-custody-and-visitation/... Read More

Unless there is some order so stating, that is the opposite of what is true.  Relocation law was recently stiffened to forbid move aways without consent of the other parent or permission of the court, except under extremely limited circumsstances.  See the rules for custody, and relocations, here.  And parents with even just joint legal custody, without jont physical custody, have a right to full information about their children, their activities, and of course their location and contact information. You need to consult -- soon -- with a knowledgeable family law specialist as to your rights and options.  Do not wait; if you don't act swiftly, it may be argued that you "acquiesced" to the relocation and lack of information.... Read More

Yes.  Forms can be found at the self-help center website:  http://www.familylawselfhelpcenter.org/self-help. The main problem is that most folks do not know how annulment works, really, about the two kinds of annulments (based on voidable and void marriages) or what to assert and how.  An explanation and background materials are posted here. You would probably be best served by at least consulting with a qualified family law specialist knowledgeable about annulment law.... Read More

Actually, there is an easy solution to your immediate problems -- and a more general one for the support problem. First, with a relatively simple motion for a court order, you can cut out the requirement for spousal consent to passport issuance; if your attorney does not know how to do this, he or she can contact us.  If you do not have an attorney, feel free to call. On the support matters, you can directly enforce by wage assignment across state lines; if that is not working, the D.A. can intercept tax refunds -- and you should get the amount updated to account for increases, AND seek reduction of arrears to judment with penalties and interest.  For details, see here and here.... Read More

The short answer is "no" -- at least lawfully.  To answer your questions about what you have to do in order to get divorced, click here; for information about what you have to do to be awarded primary physical custody of children (and about the rules governing relocations of children in Nevada), click here. What you really need, however, is a comprehensive consultation with a family law specialist who can answer all of your questions, go over your options, and develop a plan of action.... Read More

Well, it's not so much a "waiting period" as the time within which an Answer or other responsive filing must be made.  And if there is anything contested in the case, it will take longer than 90 days to get to "done."  For an overview of the process and a flowchart of the steps involved, see http://www.willicklawgroup.com/divorce/. But your best best would be to consult with a family law specialist as soon as possible.... Read More