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Nevada Divorce Questions & Answers
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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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

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 Criminal Law, Divorce and Tax Law for Nevada on
Q: I caught my wife's divorce attorney in CA instigating her to attempt federal tax fraud,

She has a bottomless pocket out to financially harm me, bribing attorneys I get and cannot prove. He got her my tax attorney info subpoening my bank records so she could get them to mess with my taxes and I caught it. Federal taxes, do I need a CA attorney? I have a CPA CFF CFE, needs to work... View More

Jennifer Setters
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answered on Oct 3, 2024

Indeed, should your wife's attorney be engaged in federal tax fraud, this might constitute a federal offense. Tax fraud is a major offense whether encouraged or facilitated, especially when involving bank records and subpoenas. Keeping in mind that every situation is unique, here are some... View More

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1 Answer | Asked in Divorce for Nevada on
Q: During divorce is there a way to not split debt if both parties don’t want to split debt?
Jennifer Setters
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answered on Aug 12, 2024

In Nevada, during a divorce, debts incurred during the marriage are generally considered community property, which means they are typically divided equally between both parties. However, if both parties agree not to split the debt and can come to a mutual agreement on how to handle it, the court... View More

1 Answer | Asked in Divorce for Nevada on
Q: We both want the divorce. He has outrageous debt he accrued during our marriage and we don’t want to split the debt.

He doesn’t want to impact my credit or leave me with debt when we’re divorced. Is it possible for his debt to remain his own or will we be forced to do 50/50.

Jennifer Setters
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answered on Aug 12, 2024

In Nevada, debt accrued during the marriage is generally considered community property, meaning it would typically be divided equally between both parties during a divorce. However, if both of you agree that the debt should remain solely with the person who incurred it, the court may allow this... View More

1 Answer | Asked in Adoption, Divorce and Family Law for Nevada on
Q: Are we able to get divorce & custody documents signed & notarized by different notaries in different states?

My partner is getting a divorce , we live in Nevada & her husband lives in Washington state. Can we avoid having to make the trip up to Washington , by notarizing the documents here on the mothers behalf & then send the documents to Washington & have her husband also notarize separately... View More

Jennifer Setters
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answered on Jul 31, 2024

As an attorney, I can provide some general information, but for specific legal advice tailored to your situation, please contact us at 702-979-1455 or visit our website at www.gastelumattorneys.com.

In divorce cases where the spouses reside in different states, it is often possible to...
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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: Which forms would you use to file for divorce if both parents have had their parental rights terminated?

There are with children forms and without children forms.

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, if both parents have had their parental rights terminated and there are no children involved in the divorce, the appropriate forms to use would be those designed for a divorce without children. These typically include a Complaint for Divorce (without Children), Summons, and Decree of... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Nevada on
Q: I am a father of two children under 18 in Nevada (washoe county) and I have a question regarding divorce w/children

My wife and I have been separated for 7 years during that time we have been able to get along and co-parent and have shared 50/50 custody. Without the courts being involved or mediation. We both claim one child on our income taxes we both buy them their necessities we both transport them back and... View More

Rock  Rocheleau
Rock Rocheleau
answered on Jan 8, 2024

Sort of true and sort of not true. In a the divorce documents (called a Joint Petition of Divorce because you agree) you would state what the amount of child support would be. But you can then state you both agree to waive or change this amount.

1 Answer | Asked in Divorce for Nevada on
Q: I my Social Security to be considered part of the division of property/income in a divorce?
Rock  Rocheleau
Rock Rocheleau
answered on Jan 8, 2024

Social security is not considered property so it would not be divided as part of the community assets. It is considered income and could be divided under alimony laws.

1 Answer | Asked in Divorce and Family Law for Nevada on
Q: How to know if my husband has filed for a divorce

He not receiving mail at our newly purchased home and all he says is I’m crazy

T. Augustus Claus
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answered on Nov 14, 2023

One way is to contact the clerk of court in the county where you live and ask for a copy of your divorce file. The clerk of court will be able to tell you if your husband has filed for divorce and, if so, when he filed.

1 Answer | Asked in Divorce for Nevada on
Q: So my husband up and left me and went out of state Can I get a divorce from him if I don’t know where he went?

He left while I was at work and never told me he was leaving me and he had also left me for another woman what Can I do

Bonnie M Lonardo
Bonnie M Lonardo
answered on May 29, 2023

Yes, you are able to file for divorce even though you do not know where your husband is. There are ways to attempt to locate him and if that fails, there are processes by which you can still obtain a divorce.

1 Answer | Asked in Divorce for Nevada on
Q: My husband was being unfaithful , cheated on me, got another girl pregnant and had the baby without telling me.

I want a divorce from him asap. He’s currently in Nevada while I’m out in San Diego. We had plans but obviously plans have changed. I recently just found this out. He never told me anything, just kept askin me for money and I sent him so much money and he hasn’t paid me or financially helped... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on May 17, 2023

As a married couple you have rights to a community share of the martial estate. you might also have a claim for martial waste.

It is best for you to make an appt. to speak to an attorney about a divorce and your rights.

1 Answer | Asked in Divorce and Military Law for Nevada on
Q: who would be recomended for military benefits of a divorced wife Retirment pension in las vegas area
Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

You can use this site, Avvo, or the State Bar of Nevada Lawyer Referral Service to look for a Nevada Divorce attorney who has experience with Military Divorce and Military pension.

If no one specifically mentions military, then call a divorce attorney and ask. In addition, many attorneys...
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1 Answer | Asked in Divorce for Nevada on
Q: I have been married since 1998 and getting a divorce now am I owed anything?

we have been togeather since 1992. Is it out of line if I ask him for half his retierment?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Feb 9, 2023

Given the length of your marriage, it appears that you may be entitled to your community property rights of equitable division of assets and debts. Generally speaking the court will start with the presumption that the assets and the debts will be evenly divided between the parties. Also, due to... View More

1 Answer | Asked in Family Law, Divorce and Real Estate Law for Nevada on
Q: My ex wife purchased a house while we were still married. I was once told that I am entitled to part of the house.

Since NV is a common law state am I entitled to part of the house/equity? Even if a quick claim deed was signed?

If so how do we claim this?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Oct 26, 2022

Nevada does not recognize common law, but is a community property state. This means that anything that is acquired during the marriage, debts, properties and/or assets are subject to equitable division upon a divorce. Thus the house that was purchased during the marriage would have been subject... View More

1 Answer | Asked in Divorce for Nevada on
Q: My ex husband demands the car back that was a gift 5 years ago . his name is on the vehicle
Bonnie M Lonardo
Bonnie M Lonardo
answered on Oct 24, 2022

since there is not much information on this question, its safe to assume that since you state he is your EX-husband that you have a divorce decree. this decree should have included the division of all your marital/separate property and debts and the vehicle which you mention should have been... View More

1 Answer | Asked in Divorce for Nevada on
Q: Do I qualify for alimony?

I am getting divorced. I will be living on my own for the first time, and due to inflation, I worry I can't afford it. My husband is well-off in terms of money, and I work two jobs and have a side hustle. Even then, one-bedrooms in my city are starting at $1300. I just want to be able to... View More

Janice Jacovino
Janice Jacovino
answered on Oct 19, 2022

Alimony is normally a factual analysis.

The court uses several factors to determine if Alimony should be awarded; what amount should be awarded and the time frame it should be awarded for.

Some of the common factors are:

• The emotional, physical and financial condition of...
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1 Answer | Asked in Divorce for Nevada on
Q: I am in a verbally abusive 50 year marriage and want a divorce. What do I need to do?

He has Company Stock options, am I entitled to 50% of the stock value?

I am scared for my well being financially.

Can he take all the money out of our savings account?

How can my son. Nd daughter-in-law get be removed as Financial Power of Attorney?

Medical I Power of Attorney for my husband?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Oct 13, 2022

Nevada is a community property state and all assets and debts acquired during marriage are subject to equitable distribution. Also, depending on your situation, alimony/spousal support may also be something that you could be entitled to.

It is best to speak to an attorney to be sure...
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1 Answer | Asked in Tax Law, Divorce and Family Law for Nevada on
Q: Can I claim our son on my taxes, who in our decree is supposed to be claimed by my ex husband?

My ex husband and I have been divorced a few years. We share 4 children. In our decree we each claim 2 of our children on our taxes. I have primary custody and he has visitations. This year our oldest son has stopped his visitations with my ex husband. He has solely lived with me since the first... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Sep 30, 2022

Generally speaking the parent who has primary custody claims the children on taxes UNLESS it has either been agreed or Ordered otherwise in the Decree.

If your Decree states that the father is to claim 2 of the kids then its best to follow the Decree to avoid being in contempt.

If...
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