Nevada Divorce Legal Questions

Your question may not be understood precisely -- normally, one country will respect the marriages AND divorces validly entered into in other countries, so presuming your Brazilian divorce is conducted "in accordance with the norms of procedural due process" (i.e., both parties are informed of and have the ability to participate in the action), the divorce should be recognized everywhere; the place of marriage should not be relevant to the question.... Read More

Your recitation, while colorful, is a bit vague as to the specifics that would allow a detailed answer.  For the timing of appeals -- which are jurisdictional, so if missed are fatal to your ability to file -- see http://www.willicklawgroup.com/appeals/.  Motions to reconsider are even tighter -- usually 10 days from notice of entry of the order. But there is no way to tell from your write-up (which ends in the middle of a sentence) even whether there is anything, substantively, that could be done even if procedurally you could file.  You should immediately seek out a consultation with a qualified family law specialist well versed in appeals (there are few of us, but there are several in Las Vegas) to evaulate all of your options and alternatives that might still exist.... Read More

Short answer: yes, for the same reasons as in CA, as detailed in the "management and control" statute.  But there are many ways of dealing with the situation.  You do not so much need your spouse on the title as to sign off on the title -- a quit-claim.  It is a bit more complex, and dependent on multiple things you do not specify, than can be handled in an e-mail, and the move itself could create several other issues (especially if there are kids involved), so rather than guess as the situation, you really should confer with a family law specialist for specific guidance, but purchasing real estate should not be a major problem if it is handled correctly.... Read More

The "question" is much too vague to answer with any kind of precision.  If youir question is "what can I do about it?" the answer is "file for divorce and file a motion for temporary fees and allowances."  See: http://www.willicklawgroup.com/divorce/ http://www.willicklawgroup.com/preliminary-matters-and-motions/ If you have follow up questions, or, as it seems, you need a full consultation to go over your situation and come up with a plan for what to do about it, please see our guide to consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation-policies/ and consider scheduling a consultation as soon as possible.... Read More

Short answer: yes, although it is not necessary to plead or prove "desertion" in modern practice.  See the posted information at http://www.willicklawgroup.com/divorce/.  For more detailed guidance, consult with a family law specialist to go over all matters relating to your marriage -- and what an extended separation means to potential claims for property, debt, and support since you remain married, as well as the legal status and necessary support for the children.... Read More

In order, the answers to your questions are "maybe" and "yes." Generally, a support order creates a "judgment" as to each payment which comes due and remains unpaid, and generally the 6-year statute of limitations runs from the date of each such payment coming due. But there are a lot of details, starting with the order in question, and including the possibility of "renewal" of judgments. Consider a consultation with (or at least a phone call to) a family law specialist well versed in collections law to go over the specifics of your situation.... Read More

If you have already filed a complaint in the current court, then that court has jurisdiction and you cannot simply file in a different county. If you have not filed anything and your entire case was rejected, then yes, you can file in a different county as long as you meet that county's residency requirement.... Read More

Your question, unfortunately, is not really one of divorce law, but an administrative question best answered by Social Security; the answer changes from time to time as various thresholds are raised for inflation or upon policy changes, but it is not governed by State law, but by agency rules and federal enactments.  You should call, or visit, the Social Security office.... Read More

The short answer is "yes."  The total resources of both parties from all source is to be considered by a court when considering issues of spousal and child support.  For an explanation, see the materials posted at http://www.willicklawgroup.com/vol-53-the-actual-legal-analysis-as-to-38-usc-5301-and-alimony/, and http://www.willicklawgroup.com/spousal-supportalimony/. Obviously, this stuff is technical and intricate, and it is strongly advised that you get the advice of a trained and experienced family law specialist.... Read More

There are not specific statutes stating exactly that point.  General landlord/tenant law might apply if only one person has an ownership interest in the residence, but in the likely even that both do, the matter is probably one of the power of the divorce courts to enter temporary and permanent orders, including orders for temporary exclusive possession of the former marital residence under the local rules.  For a brief explanation, see the discussion posted at http://www.willicklawgroup.com/preliminary-matters-and-motions/.  ... Read More

Your facts are a bit uncertain.  If there is outstanding child/spousal support, you often can do interstate collections by wage assignment letter directly against the CA employer.  For everything else, it often is most productive to find a good collections lawyer in the place where the debtor lives, and register/domesticate the NV judgment there, because then the local court can haul the debtor into court on pain of contempt, and do various other things intended to achieve actual collections.... Read More

As to resources for getting specific advice and filing papers, if money is a severe problem, you do have some alternatives.  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 (in Las Vegas) 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 vastly improved Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More

You will almost certainly need a pension specialist.  While there are non-attorneys claiming to assist with QDROs, be very careful; there are some competent QDRO preparers who could draft the necessary orders, but they cannot go to court to get the judge to sign them, and there are many frauds who charge money but do little other than put your name on pre-made forms, which can lead to many unfortunate results. Much depends on the kind of retirement(s) at issue.  Private pensions are governed by one set of laws, and need one kind of order, while military, Civil Service, state PERS, etc., need different kinds of orders.  For background as to the kinds of orders applicable to different plans, see http://qdromasters.com/.  For articles discussing how pension plans fit into divorces, and describing who should do what to make sure the orders are done properly, see "Retirement Benefit Division: What Every Nevada Divorce Lawyer Should Know" posted at http://www.willicklawgroup.com/published-works/. If you wish to call to discuss your specific situation, and speak with one of our QDRO specialists, please fee free to do so anytime during regular business hours; we can probably answer most of your questions during that call.... Read More

It is impossible to answer your question from the information provided, but there is material available that should allow you to find your answers.  Presumably, you mean that you are ONLY receiving VA disability benefits, as opposed to a regular longevity retirement, or CRDP or CRSC benefits; if it is otherwise, the answer might be different.  You should review the "disability" sections of the article "Divorcing the Military," posted at http://willicklawgroup.com/military-retirement-benefits/, and see if that answers your questions. If not, feel free to call to explain what benefits are actually being received, along with some information about the service dates, the marriage dates, and the current status of both, and we should be able to give you a pretty good idea of who is entitled to what, pretty quickly.... Read More

For background, please review the information we have assembled and posted at http://willicklawgroup.com/property-rights-and-division/.  Specifically review the posted article on "disproportionate division."  Your story is a bit vague, but there is also some chance that the "transmutation" could be attacked on the basis of fraud, depending on some facts that are not well developed and really would require a consultation to flesh out.  It is a bit unclear from what you wrote whether your spouse might already have a substantial interest in the home even before the title change -- it depends on a bunch of facts, including the various time periods of purchase and marriage, how much money went into it, from where, when, and why.  You really are going to need an in-depth conversation with a family law specialist well versed in community property law.... Read More

You don't actually ask a question, and it is unsure what response you are seeking.  If you want information about military-related divorce actions, see the materials on our Military Retirement Benefits page.  Obviously, there is information on child custody, visitation, support, spousal support (alimony), property division, and other topics.  For an evaluation of your particular facts and circumstances, you should consult with a family law specialist.... Read More

You do not specify what kind of "support" was supposed to be garnished.  Yes, family support orders are supposed to be directly enforceable interstate under the uniform act (UIFSA), but in practice spousal-support-only orders may not be collectible that way.  The most direct way to enforce a judgment in another state is to register/domesticate it there, and seek local collections.... Read More

Short answer: "no."  The credit bureaus could troll the court records for such, but there is no known instance of them doing so.  Presumably, anyone who cared to could send a copy of the judgment to the credit bureaus, but it is unknown of they actually use information mailed to them.... Read More

If money is a severe problem, you do have some alternatives.  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 (in Las Vegas) 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 vastly improved Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More