Nevada Divorce Legal Questions

Your terminology may be a bit scrambled.  "Dischargeability" only has to do with what a party may do in (federal) bankruptcy court -- not their obligations toward one another in family (state) court.  If what you are asking is whether you could pay off the debt and then chase your ex in family court for indemnification of the cost, the answer SHOULD be "yes" according to the Siragusa and Martin cases (Nevada Supreme Court), although some bankruptcy lawyers say that the result of those cases is not correct under federal bankruptcy law. If you are asking something else, the intention is not clear, and in either case you should probably confer in detail with either a family law specialist, a bankruptcy lawyer, or both.... Read More

You do not identify what the nature of the problem is. If this is in the nature of domestic violence, you need to reach out to the resources in your area for assistance, including safety planning and emergency shelter. If this is substance abuse, you can use those same resources for safety. A protective order may be necessary to keep the peace and buy both of you some time for reflection. However, ultimately, you need your own therapy to understand yourself. You cannot change another adult. You cannot control another adult. Your spouse's problems certainly affect you, but you cannot "fix" them unless and until your spouse recognizes them and wants to fix them. So will you enable your spouse's conduct by continuing to allow him to avoid the consequences of it? Sometimes people won't get help until they have hit the bottom . . . and that may require an arrest, a divorce proceeding, and/or other legal matters. You can at least separate, without doing anything in the legal system, to give yourself some space.... Read More

There is not enough information provided to answer.  What do you mean "custody"?  Is there a court order of guardianship?  Actual custody order in favor of grandparent?  The kids just happen to have been there for some time?  Is there a divorce ongoing?  You are going to have to have a much more in-depth conversation with a family law specialist, revealing what has happened previously, to get any useful guidance.  Meantime, the information and linked statutes and other materials here might be helpful to you: http://willicklawgroup.com/child-custody-and-visitation/  ... Read More

The affair is irrelevant under Nevada law as we are a no fault state. The lease debt is a community obligation. You can file for divorce and ask that she be assigned half that debt. However, generally people are required to pay only their own living expenses, and there is a lot more analysis involved such as each party's income, the length of the marriage, and other assets and debts. If the lease is ultimately broken, that also becomes a community debt to be dealt with in the divorce. You need to consult with an attorney to go over your entire situation to determine what options you have and how best to proceed.... Read More

There is a rule (NRCP 60(b)) indicating that anyone can move to set aside an order or judgment for 6 months after it is rendered fr "fraud, mistake, excusable neglect (etc.)" Your language is a bit unclear; you should KNOW whether the divorce was contested or uncontested, but any family law specialist would be able to pull up your case in the court computer system (we have remote access) and tell you what is in the court record.  Or you could contact the Clerk of the Court directly.  By the same means, you can of course get a copy of everything that was filed. WHile you do not reveal most of the facts, it is not usual that a 4-year marriage leads to a significant alimony award, although there could be exceptions for special circumstances.  FOr articles describing such circumstances, see the materials posted at http://willicklawgroup.com/spousal-supportalimony/.... Read More

Short answer: "no."  But a "joint petition" CANNOT be (legitimately) submitted without the signatures of BOTH spouses, so the threat to send it in without your consent is baseless.  Such petitions are not "served."  They are not motions, they are basically agreements, and if you do not agree, you should not sign it.  The other side can file for divorce, but you should easily make your ten-year anniversary -- you probably would not even have to RESPOND to the paperwork until after then, and conclusion of the case will take significantly longer. However, the so-called 10-year rule" is NOT a limitation on your rights; it only affects the source of payments (direct pay from DFAS versus checks from your ex).  For details, see "Divorcing the Military" posted at http://willicklawgroup.com/military-retirement-benefits/. If you have not consulted with a family law specialist well versed in military retirement matters, you should do so as soon as possible.  And your recitation of facts indicate that you are under a significant mis-impression of your rights on several fronts, including the military benefits, tricare, and potential alimony.  Do nothing until you get adequate advice and counsel on all of those points.... Read More

What can be done is a bit unclear from your description.  Short version is that you can choose to pursue contempt sanctions, or collections.  There are advantages and disadvantages, and some risks and costs, for any option.  On a straight collections action, you can hire an attorney on contingency if paying fees up front is a concern; and, yes, executions and garnishments are the usual tools of such collections. If he actually has either assets or income (or both) there should be a way to actually collect the sums owed, but when an obligor hops from job to job it is often difficult and time-consuming.  Consider asking the DA to do so (this won't cost you anything), although private counsel are usually faster and more effective. Visitation is another matter; there is no effective way to force someone to spend time with their kids -- but there is an argument for increasing support due when a parent does NOT do so.  The details are lengthy, but are discussed in the 1992 report of the child support review committee, which is posted at http://willicklawgroup.com/child-support/. If you do not believe that your current counsel is being effective, consider a second opinion consultation with a different family law specialist.... Read More

Normally, alimony awards are always reviewable and modifiable during the time that the alimony order is still in effect, unless the court order in question specifically says otherwise.  For background, see http://willicklawgroup.com/spousal-supportalimony/. Your facts, however, raise the question of whether, as appears would be proper, you have a child support order directly relating to your son for his care after normal emancipation, due to his handicap.  If you do not, or you are not sure, please review the background at http://willicklawgroup.com/child-support/, and then consider speaking to a family law specialist. Actually, you should probably consult with a family law attorney about the alimony matter in any event, to get a specific review of your particular order and to ensure you know exactly what you might do about it, and evaluate your chance of success on any motion you might file.  You want to do this as far in advance of the current order expiring as possible.... Read More

All of the facts are not clear.  For example, there is no apparent connection between your daughter owing taxes and any desire on your part to give her a house.  And the technical term is "quit claim." You may wish to talk to a real estate lawyer, but presuming you did, in fact, quit claim your entire interest in a house to jour daughter and her husband -- presumably in joint tenancy or as husband and wife -- then the house, subject to any mortgage -- is theirs now; your motivations, or their subsequent marriage problems are not relevant.  If you really think your son-in-law "planned" the whole sequence of event, go over them all with legal counsel to see if a claim for fraud can be made out.  otherwise, it seems likely that the house equity, whatever it is, is just a regular marital asset to be deal with in the divorce.... Read More

Short answer:  no.  Every state requires the lawyers appearing in its courts to be admitted to practice there, and it is unlikely that your Florida lawyer has a Nevada license.  But you could ask that lawyer.  There is also something call "pro hac vice" allowing a lawyer to step into another state for just one case, but it is usually not cost effective to have a lawyer in one state attempt to navigate the courts of some other state.  For background as to annulment, see http://willicklawgroup.com/annulment/.... Read More

The exact order of who was where when is a bit confusing, but if I understand the situation, the pets were yours but left with Jack, he later had a girlfriend and the pets went with her (it is hard to see how much time passed here) and now you want them per your agreement with Jack before the two of you broke up. It is unclear why there are are hearings, or in what court. Your comment about the police does not make sense if, indeed, they are your property per court order.  If you have a court order stating that they are yours, and you know who has them, the police should assist you in retrieving them (this would be the simplest way to solve the problem).  It is unclear why you wish to hire a P.I. If you have a family court case open, you could seek joinder of the girlfriend -- bringing her into your family court case -- and the same judge who awarded them to you could then order her to turn them over to you. That might be simpler than starting up yet another court case.  But the simplest of all these things would be to track Diane down, and ask for the pets, telling her that you will go to court if you cannot resolve the matter informally.  Of course, never threaten anything you are not in fact willing to do.  ... Read More

Not quite enough information.  Family law collections is indeed an art, and can sometimes be lengthy and frustrating.  You do not say what the judgments are for, but there is variation in what may be collected depending on type: principal, interest, (sometimes) penalties, and fees.  See http://willicklawgroup.com/interest-penalties/. What "the best way" is depends on facts you don't specify -- what he has, where it is, whether he's working, whether there are accounts (here or elsewhere), including potentially retirement or other accounts, etc.  If you wish, feel free to call here to discuss those specifics, or consider scheduling a full consultation with this or some other office versed in family law collection law.... Read More

Much information is missing from your question, most importantly how recently all of the events you mention occurred, and you should realize that there are time limits to move to set aside fraudulent or improvident orders and judgments. For background, see the website page on annulments, http://willicklawgroup.com/annulment/, and see the article "Partition Actions and Fraud Upon the Court" on the page http://willicklawgroup.com/published-works/. For more specific information, you really should make an appointment for a consultation, bringing in all of the paperwork you have, so your individual rights, options, costs, and risks can be evaluated.... Read More

You do not supply enough information -- including where and when the wedding was, and what you have done since then.  For the applicable rules for such actions, see the materials posted at: http://willicklawgroup.com/annulment/ http://willicklawgroup.com/uncontested-annulment/ Consider a consultation with a family law specialist to examine all of your options.  If you are sure you know what you are doing, and want to do it yourself, a full form set with explanations is posted at the Clark County family court self help center website.  See http://www.familylawselfhelpcenter.org/.... Read More

If you have been physically present in NV for over 6 weeks and intend to make it your home for at least an indefinite period of time, you satisfy the jurisdictional grounds for a divorce.  See: http://willicklawgroup.com/grounds-and-jurisdiction/ http://willicklawgroup.com/divorce/ http://willicklawgroup.com/uncontested-divorce/ If as you say you and your estranged spouse are in full agreement on the issues in the case, so that she is willing to make an "appearance" in the action by signing the relevant documents, the matter should be fast, easy, and therefore inexpensive compared to most divorce cases; if there are minor children, there could be some jurisdictional complications, but a short phone call to go over the basic facts of your case should be sufficient to identify any such issues. Marshal    ... Read More

It is unclear exactly what you are asking.  If you think you have grounds for an exclusive possession order based on the fact or threats of domestic violence, consider requesting a Temporary Protective Order (TPO).  Otherwise, if divorce is in the field, consider filing for divorce and filing a motion for temporary exclusive possession in the divorce court.  See: http://willicklawgroup.com/domestic-violence/ http://willicklawgroup.com/preliminary-matters-and-motions/ Either way, consult with a family law specialist just as soon as possible about the specific facts of your case.... Read More

If you cannot agree on the distribution of those funds, the divorce court will do it for you. So it seems it makes sense to at least get the divorce process started . . . and then if you cannot reach an agreement on the house funds, you will have a venue available for a decision to be made. Otherwise you are wasting time trying to work out a deal when you could be working within the system to finalize a deal.... Read More

You did a pretty good job of phrasing the request.  Actually drafting a decree in proper language is a bit more technical, of course -- the language has to be clear enough to be enforceable.  But the courts will go to some length, normally, to assist you, both on general principles and because of the new legislation designed to assist military embers in custody cases.  See the explanation, and linked materials posted at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/vol-42-new-military-custodyvisitation-law-and-the-purpose-of-these-newsletters/  ... Read More

A protective order does NOT go both ways. So he can get in trouble for having contact with her, but she cannot get in trouble for having contact with him. It is very possible he is being set up. Also, evidence that she continues to contact him is very compelling in any attempt to dissolve the protective order or avoid having it extended. Part of such orders is a fear of contact . . . so if she's constantly reaching out to him she obviously doesn't fear him or see him as a risk and therefore she doesn't need an order to protect her from him. He really needs to consult with an attorney.... Read More

In Nevada, the child tax exemptions are generally considered one of the things a court can allocate between parents.  See: ............................ Sertic v. Sertic, 111 Nev. 1192, 901 P.2d 148 (1995)     District court's allocation of the federal income tax dependency exemption for the child upheld.  The Court explained that before 1985, the exemption could be allocated, and that result was not changed by the 1984 amendments to the Internal Revenue Code.  The matter should be one within the "broad discretion" of the trial courts, and it is not "overly burdensome" to execute the appropriate documentation............................. Of course, just because she is making the request does not mean the court will agree with her.  Much depends on the facts of the case, why the exemption went to you, whether you have done what you were supposed to do (re: child support or otherwise), and other matters not clear under your question.  You may well have to consult with a family law specialist to go over your specific facts.... Read More

Well, your facts may not be entirely clear.  In Nevada, generally, an engagement ring is a CONDITIONAL gift -- it becomes final on the date of marriage.  So . . . did you marry?  If so, the ring is hers, but the debt could probably be raised in the divorce.  If not, the gift was never completed, and you should ask for it to be returned.  If necessary, you could sue in small claims to get it back -- which would be a sad way to end a relationship.  If the facts are otherwise than supposed, the legal analysis might be different.... Read More