Nevada Divorce Legal Questions

We do a great deal of this work, and I actually wrote the Nevada statute permitting "partition" of such "omitted assets." Of course, there are a lot of details as to what you can and cannot do - and there may be time limits. Please call (702) 438-4100 and make arrangements to forward us a copy (by e-mail is usually easiest) of the underlying decree of divorce, and any information you have relating to the pension in question, and we will analyze whether there is anything you can do to obtain a portion of the pension now.... Read More

If a license was pulled and a ceremony was performced, but for some reason the record was never filed, it can be corrected -- even 20 years after the fact.  I'd suggest consultation with a family law specialist to figure out what happened, what to do about it, and what your options might be.... Read More

The short answer to your question should be "yes."  Notice is required.  If you think there is some chance that your spouse might try to lie about having served you, it is possible to check with the Clerk's office (lawyers have access to the attorney portal; anyone can call the Clerk's Office) to find out if an action has been filed.  For a view of what should happen at the begiing of a case, and a flowchart of how they proceed, see: http://www.willicklawgroup.com/divorce/ http://www.willicklawgroup.com/preliminary-matters-and-motions/... Read More

Short answer, no. Actually, alimony is only a payment from one former spouse to another.  What you appear to be asking about is the potential for "alienation of affections" or "criminal conversation" tort damages, both of which were specifically outlawed in Nevada several decades ago. See http://www.willicklawgroup.com/interspousal-torts/. The statutes are pretty strict, making it a crime to even threaten to bring such an action, so do be careful.  If in doubt, consult a family law specialist.... Read More

This has already been responded to, in part -- just because a party is told to do something by a judge does not mean that he will actually do it.  The court rules already require full disclosure, so obviously further action is required to get compliance, and sometimes being able to question someone directly is the fastest, most efficient means of getting the desired information.  Sometimes not. People are late with filings all the time; not permitting an opponent to correct a deficiency usually just leads to greater expense and delay on both sides, since a motion to be allowed to do so will almost always be granted (there is public policy requiring, wherever possible, decisions to be made "on the merits" -- i.e., allowing both parties to have their say and state their positions before a decision is made).  So no, you do not "inform the judge" when someone is late; you can file a default, and move toward a default judgment, but if the other side attempts to correct his error/late filing, it should be permitted.... Read More

"Better" is like "prettier" -- rather subjective, and which of two means of doing something is faster/more efficient/more productive is usually only knowable after being attempted.  In your case, sometimes depositions produce nothing.  Sometimes, people lie or do not respond, or respond very poorly, to written requests or an order to produce.  No competent attorney could produce a reasonable response to your question without knowing a lot more detail as to what is going on, and why.... Read More

It is impossible to comment on the merits of the deal proposed and loan assumption without the full background on what debt exists, why, what orders have already been entered, what they provided, and who has done what since that time.  What you actually need is a consultation with a family law specialist to go over the full history, all the financial details, all court proceedings to date, and whatever communications/offers are being made.  Gather your paperwork, and make a consultation appointment with this or another office to go over your rights, options, and risks so you can make an intelligent and considered decision as to what to do, and how to do it.  If you choose to see us, please see http://www.willicklawgroup.com/consultation-policies/ and then call to set up an appointment.... Read More

Only a very small percentage of family law cases seek legal separation. In my experience it has been about 1% of the total f divorces + legal separations. They are very similar, in that in the Separation petition the Petitioner must state that 'the marital relation is broken,' whereas in a divorce petition you write that 'the marriage is irretrievably broken.' Of the separations I have done, all of them have turned into regular divorces. The most frequent reason for seeking a legal separation is that one of the spouses needs medical insurance. When he or she finds a job which offers that benefit, they turn the separation into a divorce. But in most respects (division of property and debt, support, child custody and placement, etc. the orders and judgments are much the same.... Read More

That is a lot like asking "what is the average cost for a meal?"  Too many variables -- cooked at home, or going out?  McDonalds or a gourmet room on the Strip? Much depends on the billable rate for the participants, and the required level of preparation given the importance of the issues and the level of confict.  As a rule of thumb, I tell my clients to expect to be a couple to several thousand dollars poorer every time they have to see the inside of a courtroom, given filing motions, oppositions, and replies, preparation, waiting (sometimes for hours) to be called, actually litigating the motion, and then preparing (and sometimes fighting over) the resulting orders. Perhaps it is time to discuss with your attorney not just tactical, but strategic goals and efforts as to the costs, risks, benefits, and possibilities in getting to "done" in your case.... Read More

Without a better overview of all the facts and circumstances, it is imposible to say what might be "better."  And, contrary to what many believe, labeling arrears "additional alimony" may -- or may not -- provide full bankruptcy protection.  There are ways to get money out of those unwilling (as opposed to legitimately unable) to pay anything.  There are a lot of ways, through property divisions, alimony, fees and costs, and otherwise, to involuntarily collect from those who refuse to comply with their legal duties.  You might want to look over the list of individual topics and pages at http://www.willicklawgroup.com/.... Read More

Short answer: "maybe."  You do not provide any facts relevant to how a custody decision might be made.  For a list of the factors, links to the statutes, and a lot of other relevant information, including video explanations, see the materials posted at http://www.willicklawgroup.com/child-custody-and-visitation/. As to alimony, again you do not provide much information from which any intelligent evaluation can be made.  For a lot of information about how alimony works, see the materials posted at http://www.willicklawgroup.com/spousal-supportalimony/. To go over your individual facts, circumstances, options, and what is likely to occur in your case and why, you will need a consultation with a family law specialist who knows enough to evaluate your specific facts and circumstances, and advise you.... Read More

I have litigated several similar cases, but they are VERY fact-specific.  If you have competent divorce counsel that you are comfortable with, discuss the matter with him or her; there is a process for setting aside a prior judgment granted without "due process" notification to the other person (i.e., you).  There are many facts you do not include that couild change the analysis and outcome, so if you are not sure you are getting complete and correct advice from your current counsel, then take all your paperwork (regarding both the annulment, and the divorce, and anything that has happened or is going to happen in the UK) and make a consultation appointment with a family law specialist to analyze the matter completely and provide you with comprehensive advice, which could end up saving you a great deal of time, money, and aggravation in the long run.... Read More

Well, the answer to the question you asked is probably "no," because you really should file a response, but the place to file it is in Montana, from what you have written.  Assuming Montana has jurisdiction over all issues involved in the case (your facts are too scanty to tell; if you want to see what the rules are, subject by subject, see the article "The Basics of Family Law Jurisdiction," posted at http://www.willicklawgroup.com/published-works/ about mid-way down the page), you need counsel there. My guess is that you should confer with an attorney in Montana; if you don't have one, consider starting your search at http://aaml.org/members/montana.  If you conclude that Nevada has jurisdiction over anything relevant, consider calling my office or that of another family law specialist.  Good luck.... Read More

Not (quite) enough facts.  See the discussion of exactly that question in the article "The Basics of Family Law Jurisdiction" posted at http://www.willicklawgroup.com/child-custody-and-visitation/.  If you have further questions, consult with a family law specialist who understands jurisdictional matters.... Read More

Your question, while understandable, really cannot be answered the way you asked it.  It's like calling a jewelry store and asking "how much does a ring cost?"  Obviously it can be a little, or a lot, depending on information you have not provided. That said, there are some things that may help answer your questions.  First, you can find a flowhart of the process, and explanatory text, and links to the relevant rules and statutes, etc., at http://www.willicklawgroup.com/divorce/.  You may want to look at the various other pages that will answer questions about things that may (or may not) be present in yuor case -- child custody, child support, alimony, property division, etc. Finally, if you want a review of yoiur specific factual situation, along with some idea of the probable cost of pursing it, the primary question is going to be how contested it is, and as to what issues, but in any event you should consider a consultation with a qualified family law specialist.... Read More

Actually, there is no such thing as "transfer" of a case; there are processes for registration and enforcement of one state's orders in another, and in certain circumstances, jurisdiction to modify orders can change.  Unfortunately, most people -- and even many attorneys -- are not familiar with the relevant rules.  For a recap, see "The Basics of Family Law Jurisdiction" posted on Published Works:  http://www.willicklawgroup.com/published-works/. While it may seem logical, it is usually not practical to have an attorney licensed in both states handle such cases.  For example, I am licensed in both states, but it is almost always more economical to have a local attorney who can easily (and inexpensively) walk to the courtroom do any local enforcement proceedings. The D.A.'s office has procedures for inter-state enforcement, but that bureaucracy is notoriously slow and inefficient.  Additionally, it is possible for even a private attorney to issue an interstate wage assignment, if you know where your ex is working. It is unclear why you are getting different stories; it might be best to confer with a knowledgeable family law specialist in Nevada to gain a full understanding of your options and their relative costs and benefits.... Read More