QUESTION

I am going to leave my husband because he has a drinking problem.

Asked on Oct 08th, 2014 on Divorce - Nevada
More details to this question:
Would there be any consequences if I leave. Also I have been with him for 4 yrs and married 3 yr would I have any right to his house and business he had before me. No prenuptial was ever signed.
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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There are "consequences" for ANY decision you make -- including not making a decision.  In Nevada, mere separation does not end a marriage -- matters of property, debt, and potential support continue despite separation, at least for a significant period of time. As to the period of pre-marital cohabitation, it is possible that you have a claim for both support and property accrued during the entire period, under a theory known as "tacking."  It is explained in an article I wrote a couple of years ago, titled "The Evolving Concept of Marriage and Coming Convergence of Marital and Non-Marital Property and Support Law (Nevada Lawyer, May, 2011)" posted at http://willicklawgroup.com/published-works/.  THe question is whether any increase in value (or paydown on mortgages and other debt) occurred during the marriage/relationship. These topics are fairly complex -- even many divorce lawyers do not understand them well.  You should find a family law specialist well versed in those subjects, at this office or another one, to consult with about your specific circumstances.
Answered on Oct 11th, 2014 at 1:38 PM

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