Nevada Divorce Legal Questions

The short answer to your question is "yes."  Your location has no impact at all on your rights to obtain spousal support (alimony) -- except as a practical matter of litigating at a distance.  For a complete explanation, see the materials posted at http://willicklawgroup.com/spousal-supportalimony/, including the posted article below the video called: Final Copy of “A Universal Approach to Alimony: How Alimony Should Be Calculated and Why” as Printed in the AAML Journal (March, 2015) There are many other resources you should read as well, including much on the page called http://willicklawgroup.com/military-retirement-benefits/, although your rights to the pension itself are relatively modest given a marriage of less than two years.  But yes, you should be able to obtain a resolution of property issues.  You do not say where in the U.S. he is, or where the case might be filed, and procedures vary widely from state to state; I presume that your case will be in Nevada, since you are asking me the question, but if not, you should direct your inquiry to a practitioner in the state where the case will be.... Read More

Well, "it depends."  Presumably, the divorce decree made no mention of who owns what in this account and there is no agreement between you and your ex.  Also, presumably, all of the money in the account was actually earned by your ex after the divorce and so is his separate property.  So the money is his; on the other hand (and assuming you are correct) he owes you money under a court order.  So if you took what he owed you, he could very well complain that you took his money, but your response would be that he owed you that money anyway, so any suit would be neutralized by a counterclaim for the same amount.  But, long term, that is no way to go on with your lives.... Read More

If there is any overlap between the marriage and your husband's employment, then a portion of that PERS retirement actually belongs to you.  Even if not, it is an income source for consideration in setting alimony.  And there are survivorship and other issues to discuss as well. 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/.   Marshal... Read More

You do not supply enough information to answer the question.  There are several questions, the first of which are what the decree says, if anything, and what the facts relating to the accrual of that pension benefit might be.  It would probably be best to get that kind of information by way of a phone call, so feel free to call during regular business hours, and we will try to tell you what your interest might be, and what you need to do to exercise it and obtain a portion of the retirement benefits.... Read More

Your situation is much too convoluted to comment on by e-mail -- it is impossible from this description to see what happened, why, or what your options are.  If you really cannot afford legal assistance (your best option to actually getting anywhere or anything), consider applying for legal aid through the legal aid center of southern Nevada (LACSN), or getting a free short consultation at Ask-A-Lawyer on Thursdays at Family Court, or using the self-help center forms (http://www.familylawselfhelpcenter.org/).... Read More

We have substantial experience balancing retirement accounts with and without outstanding loan balances, but there is not enough detail to really analyze your situation - much depends on why the loan was taken out, and when, relating to the rest of the marital facts and dates. Your other issues are too vaguely described to comment upon; you really need a comprehensive consultation with a family law specialist well versed in all areas of retirement benefit division, paternity, and support. There have been some changes recently in all three areas.... Read More

Normally, all property acquired after marriage by either spouse is considered community property.  For details, background, and materials, see the postings at http://willicklawgroup.com/property-rights-and-division/.  Term life insurance, however, normally does not have any "cash-in" value -- that is the difference between term and whole life.  If this information is not adequate, and especially if you are headed into a divorce, you should consult with a family law specialist.... Read More

Frankly, I do not understand all of the question.  From what I can make out, Nevada could entertain the divorce itself, but not resolve the "incidents" of the marriage (property division, alimony, etc.) unless your husband "appeared" in the action.  It is too lengthy to go into here, but consider reading some of the material on our website for an explanation.  Start with "The Basics of Family Law Jurisdiction" and other articles posted at http://willicklawgroup.com/grounds-and-jurisdiction/. If that is not adequate, consider the low-and no-cost consultation options available -- consider contacting the Nevada State Bar to see what accommodations can be made for the deaf.  Good luck.... Read More

Your question is not entirely clear, but I think you are asking for the date on which a valuation of property should be made.  Please see my legal note on that question: http://willicklawgroup.com/vol-48-when-does-a-divorce-actually-happen/.  If that does not answer your question, you should probably consult with a family law specialist.... Read More

Under current law, the answer to your question is "yes" -- the two of you have exactly equal rights.  That said, I do not think any kind of confrontation, and certain not a physical altercation, would be helpful.  The proper route is to get a court-ordered time share.  Until then, you ave the right to see, be with, pick up and drop off the child equal to her rights -- but do not cause any kind of incident that might result in a police response.  You really need qualified legal counsel.... Read More

It is more complicated than can be properly explained in an e-mail, but under a couple of case precedents -- Siragusa and Martin -- yes, there is a way to expand spousal support to add in the debt.  At least possibly.  You have to move while the spousal is still being paid, and you will need documentation.  And yes, alimony can be made either deductible or non-deductible under current rules.  For greater detail, you really should confer with a family law specialist, in this or another firm.... Read More

The question is too vague to be answered adequately.  Lawyers have various duties and responsibilities, and under the applicable rules (in Nevada, the Nevada Rules of Professional Conduct, or NRPC), lawyers have a duty of confidentiality -- and also a duty of "candor to the court" and ""fairness to opposing counsel."  Knowing what disclosures of information are mandatory, or permitted but not mandatory, or not permitted, is part of knowing the law of lawyering.  if you have questions and they are important to you, bring the paper involved with as specific of information as possible, and consult with counsel well versed in matters of professional responsibility.  See http://willicklawgroup.com/family-law-ethics/.... Read More

It is possible that some critical fact is not included in the question, in which case the answer might vary.  Presuming, however, that the "we" in the question refers to you and your spouse, and both of were noticed of and participated in the Costa Rican divorce, and that the divorce there (and your subsequent remarriage to another) was legal where entered, they should be pretty automatically "recognized" in the U.S. as "legal" without you "doing" anything to make it so.  If you are trying to achieve some particular thing for which that recognition is necessary, you may have to be more specific, but neither the U.S. (nor Nevada) has any kind of "registration" or similar procedure to verify that a Nevada marriage was terminated elsewhere.... Read More

As with most things, it depends. If truly confidential information was disclosed, that is a breach of the attorney client privilege and can result in a complaint to the state bar along with a possible malpractice claim. However, if the information shared was something that should have been disclosed as part of the normal discovery process, then there is no breach. For example, if you told your attorney about a bank account and the attorney listed that account in a pleading, there is no breach as the account, by law, must be disclosed.... Read More

The short version is that in the modern law of Nevada, most other states, and many countries, there is essentially no difference in the "rights" of children to support, and usually inheritance, regardless of the marital relationship or lack of it of their parents.  However, there can be many variations in fact patters, and the facts stated are very sparse, so it would be a very good idea to consult with a will, trust, and estate lawyer as to those issues, a family law specialist as to any support and custody matters, and probably the Social Security administration as to any questions regarding public benefits if those are in issue.... Read More

You are correct (and he is not really wrong) -- BAH may be paid to a military member who has a support obligation to either current family members (this includes the children in your household, so long as you are married) and possibly children being supported.  In any event, a current spouse can often use administrative requests to direct at least the current allowances tot he family in the absence of a court order for their subsistence -- but it is usually not as much as a court will order in terms of temporary support.  So while you might start with your husband's command, you should consult with a family law specialist well versed in military benefits and obtain a court order of temporary support while you sort out your legal affairs.  For background, see "Divorcing the Military: How to Attack, How to Defend" posted at http://willicklawgroup.com/wp-content/uploads/2014/12/Divorcing-the-military-00073427x7A582.pdf.... Read More

Your son needs to have a conversation with his divorce attorney. In very general terms, personal injury settlements are separate property. However, if a component of the settlement is for medical bills paid by the community while married, or for wages lost by the community while married, or if the wife was assigned debts that are supposed to be paid from settlement funds, there is an argument that some of the settlement is a community property asset.... Read More

Any reasonable lawyer should ask to see the relevant documents before being certain, but the answer SHOULD be "yes." Per Nevada law (NRS 123.070 and 123.080), a husband and wife may make contracts, and may make a separation agreement with terms controlling their separation, but a court upon divorce may alter whatever those terms might be as to property, debts, custody, and support.... Read More

Your terminology is a bit peculiar ("cease and desist" is protective order language, not alimony language), but the answer is "probably."  By statute (NRS 125.150(7)), "If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay." It may be necessary to review your specific decree, and the later order, to figure out what happened and why, but the sums that were owed for those 2 years should be collectible -- as long as the statute of limitations has not yet run.  You should consult with a family law specialist, sooner rather than later.... Read More

It is unclear what you are asking -- hiring private counsel is a matter of contract, not of right (there are no "public defenders" in American law for civil cases); your options would appear to be to raise sufficient cash and negotiate with your lawyer to stay in the case, to use whatever money you can raise to hire new counsel, to try to represent yourself using the forms through the self help center (http://www.familylawselfhelpcenter.org/), or to apply to Legal Aid (LACSN) for pro bono assistance, if you qualify.... Read More