Lawyers, Answer Questions  & Get Points Log In
Nevada Divorce Questions & Answers
0 Answers | Asked in Divorce for Nevada on
Q: My wife and I are getting a divorce and we need a document stating we are not going to touch each other's retirement.

Hello all,

My wife and I are getting a divorce and we need a document stating we are not going to touch each other's retirement. What do I need for this?

I live in Henderson, Nevada, USA.

Thank you

0 Answers | Asked in Divorce for Nevada on
Q: I'm in the process,lof getting a divorce of 23 yrs my spouse has quit he's job of 23 yrs and is pulling out he's retirem

I was told I could get half of he's retirement he's not giving me any spouse support

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
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...
View More

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
PREMIUM
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
PREMIUM
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
PREMIUM
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...
View More

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
PREMIUM
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...
View More

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
PREMIUM
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...
View More

2 Answers | Asked in Divorce for Nevada on
Q: My husband & I have agreed to file for divorce. Can we file for JOINT PETITION? Even if he resides outside of the US?

Part of the Joint Petition is a Secondary Petitioner's Verification which requires for notarization. How do we go about this? I live in Las Vegas but he lives in the Philippines.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Sep 12, 2022

As long as one of the parties has lived in Nevada for at least 6 weeks prior to the filing of the Joint Petition and has established residency in Nevada, you can file the JP in Nevada. the JP can be notarized in the Philippines and filed with the court here in Nevada.

View More Answers

1 Answer | Asked in Divorce for Nevada on
Q: My wife wants to divorce and initiated separation. I agreed to leave home. Do I have to split mortgage/bills?

I agreed to leave the house because I have family here and she would've had to get an apartment. I also hoped she would come around to considering counseling first. She is adamant on divorce but wants to split all of the bills even though she's leaving there alone now. We are both on the... View More

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Sep 8, 2022

The general rule is that while the parties are going thru the divorce process, they must maintain the status quo. This means that the mortgage and marital financial obligations such as bills, credit card payments, etc., must continue to be paid in the same manner and by the same party that was... View More

1 Answer | Asked in Divorce for Nevada on
Q: my name is Jennie and I'm trying to get a divorce from a man that's married to another woman at the same time as me
Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Aug 11, 2022

Having more than one husband or wife at the same time is considered Bigamy and is outlawed in most states, including Nevada.

Therefore the second marriage will automatically be void and have no legal significance.

1 Answer | Asked in Divorce and Child Custody for Nevada on
Q: Do I need to be "friends" with my ex-husband/child's father on social media? Could this affect custody terms?

I am in the process of divorce and no custody agreements have been set. I do not want him as a friend to post or comment on my Facebook. But I can still use Messenger to let him video chat our child. Will this risk even joint custody?

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You can choose who to allow on your social media, but you should be very careful what you post especially during a divorce proceeding.

Nevada prefers joint custody and uses best interest of the child factors when deciding custody. These factors include coparenting, cooperate and fostering...
View More

1 Answer | Asked in Divorce for Nevada on
Q: I want to buy husband out of house during divorce and he is fighting me.

My husband says he wants house sold and doesn't want me to buy him out because he doesn't want me to have it. Can he force me to sell if I want to buy him out?

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

If you can not agree on what happens to the house and you ask the court to decided then the court will normally allow the party who wants to retain the home time to refinance and pay the other party their share of the equity in the house.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.