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Questions Answered by Philip Spradling
1 Answer | Asked in Divorce and Family Law for Nevada on
Q: Am I entitled to half a house my wife bought while married even though I signed a notarized form giving up liability?

Her dad used her name to buy it, but he used his money to pay it off. Her married name is still on the assessor's information.

Philip Spradling
Philip Spradling
answered on Dec 26, 2024

Maybe. In general, quitclaiming or deeding a property does eliminate your interest in the property. But sometimes there are ways to get some or all of it back. The answer depends on the laws of your state and the specific circumstances.

In Nevada, it is usually possible to re-acquire a...
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1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Child Custody for Nevada on
Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?

Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More

Philip Spradling
Philip Spradling
answered on Dec 19, 2024

In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.

But faced with the sort of...
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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: A NV sheriff has divorce papers from NY where my husband lives.What happens if I don't accept them?

I don't want to make this easy for him. What he did to me is beyond belief after 24 years of marriage. I would Iike to know my options .

Philip Spradling
Philip Spradling
answered on Dec 12, 2024

Proper service does not require 'acceptance.' If the papers are handed to you or otherwise placed into your knowing possession, then you have been served. Service can also be made by giving the papers to an adult staying at your home. In Nevada, service can even be made to a guard in a... View More

1 Answer | Asked in Divorce and Family Law for Nevada on
Q: I married my husband in two states NV and NY,a month apart. Do I need to divorce in both states or just one of the two
Philip Spradling
Philip Spradling
answered on Dec 12, 2024

A marriage in one state is given 'full faith and credit' in all other states. The same goes for divorces: a divorce in one state is recognized in all other states.

You need to get divorced in the state in which either you or your husband currently resides: this may be neither...
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2 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Philip Spradling
Philip Spradling
answered on Dec 8, 2024

Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More

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2 Answers | Asked in Family Law and Child Support for Nevada on
Q: My husband owes about $4000 in arrears her in NV. His ex wife wants to forgive them. How would he move forward with that

He now has guardianship over his 22 year old disabled daughter. The child support was transferred from Indiana to Nevada.

Philip Spradling
Philip Spradling
answered on Nov 8, 2024

How to forgive child support arrears?

The right way: the parties should enter file a stipulation in whatever court the child support was ordered. In Nevada, the stipulation should state that the obligation has been satisfied, and the means by which it has been satisfied. If the...
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2 Answers | Asked in Family Law for Nevada on
Q: Can a family attorney request pending criminal discovery, to use in a family law trial? Nevada

Father is pending trial, and step mom he seeked visitation with the children. Bio mom’s lawyer is requesting a subpoena for Bio dad’s criminal discovery. Is this allowed, or is this protected information? Step mom cannot see the discovery as she’s a potential witness in the criminal case.

Philip Spradling
Philip Spradling
answered on Nov 8, 2024

Normally yes, a family attorney can requesting pending criminal discovery. Criminal discovery is not protected from discovery in family law cases.

If there is some reason that a party should not receive discovery, then you need to request a protective order. Or, if a subpoena has...
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2 Answers | Asked in Family Law for Nevada on
Q: I pay for the cell phone for my 14 years old twins, can dad take their phones cutting off communication between us?

He is refusing to let them talk to me

Philip Spradling
Philip Spradling
answered on Oct 29, 2024

Cutting off communication is, in general, not a good move for Dad. One of the factors a Court must consider when deciding what is in the best interest of the child is "which parent is more likely to allow the child to have frequent associations and a continuing relationship with the... View More

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2 Answers | Asked in Divorce and Family Law for Nevada on
Q: I am recently divorced. I feel my attorney did a very poor job of representing me in the divorce. can someone help me?
Philip Spradling
Philip Spradling
answered on Oct 21, 2024

Unfortunately, there are rarely any second chances once the divorce has been finalized. Especially if the problem is with your attorney and not the court.

You can file a motion to reconsider, if you believe the court made a mistake. In Clark County, you only have a week to do this. But...
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2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Is traveling out of state with my child during my custody time is a violation based on the following notice?

Or is it ok to go during my custody time? Other parent refuse to communicate respectfully. We both have joint legal and physical custody. No other items or notes mentioned in the order except the following notice.

“PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,

CONCEALMENT OR... View More

Philip Spradling
Philip Spradling
answered on Oct 16, 2024

Parents seeking to maintain control over the other parent often proclaim rules like 'no travel outside the state' and try to use this sections to support their claim.

This section does not prohibit you from travelling out of state during your custody time, as long as you do not...
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1 Answer | Asked in Family Law and Tax Law for Nevada on
Q: Can it be ordered that only the biological parents of a child can claim them for taxes?

Example: no grandparents, aunts, uncles, or significant others

Philip Spradling
Philip Spradling
answered on Dec 25, 2024

You mean by a state court judge? Not really.

The IRS has its own rules regarding who can claim children for various exemptions and tax benefits. For the dependent deduction, it is generally the person the child lived with more than half the year, but there are other requirements. See,...
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