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Nevada Divorce Questions & Answers
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.

Janice Jacovino
Janice Jacovino
answered on Sep 12, 2022

Yes, as long as you satisfy the residency requirement then you can file your Joint Petition in Nevada. For his verification/notary/ apostille- he can do this in Philippines.

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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
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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.

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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... Read more »

Bonnie M Lonardo
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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... Read 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
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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...
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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.

1 Answer | Asked in Divorce for Nevada on
Q: My husband had an affair. We've been back and forth on getting a divorce or trying to work it out.

If we do get divorced, he wants to file online for it's cheaper, faster, and easier. But I would have to agree to all his terms he has set out. He wants to keep our house so our kids can stay with him most of the time while I find a 2 bd apartment but claims we share 50/50 custody. He also... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 20, 2022

Based on your description of your husband's request, It appears that your husband is looking to get Primary Physical custody of the children in exchange for taking all the marital debt.

I cannot counsel you on what is best for you and your family, but can tell you that the...
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1 Answer | Asked in Divorce for Nevada on
Q: My wife has filed for divorce. We were married in 2012. We have been separated about 75% of that time. No children

No property together. I retired prior to us getting married. I'm not employed and she wants spousal support and my retirement. We have been living apart for the past 3-4 years. We were married in Las Vegas(where I live) and she lives in Ohio. Is she entitled?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 15, 2022

She should not be entitled to your retirement as it was earned prior to your marriage. However, the income you receive from the retirement monthly may be used to calculate your total income in order to calculate spousal support amount.

1 Answer | Asked in Divorce for Nevada on
Q: Divorced, I staying in the home.. He moved to Florida 4 years ago. I'm ready to sell. Is he entitled to anything?

I'm looking for some information. Me and my ex divorced in 2018. I stayed in the home and he moved to Florida. He's been gone for the last 4 years. I'm ready to sell the home. I wanted to know what may happen. Is he entitled to payment since our names are both on the home?... Read more »

Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

His entitlement will be based on the wording of your divorce decree.

2 Answers | Asked in Divorce for Nevada on
Q: What happens with a family trust in a divorce? We own a house together, cars and joint bank accounts.

We each have life insurance policies, IRA’s, traditional Roth and 401k. All named in our Trust. I have kids (18+) from a previous marriage.

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Apr 18, 2022

As this is not a settled matter in Nevada, it will come down to deciding if the property that was placed in the trust was and will be considered community property or separate property. Putting assets in a trust does not automatically make the assets separate property. The source of the assets... Read more »

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1 Answer | Asked in Divorce for Nevada on
Q: What part of NRS.150 specifically says that the alimony recipient can no longer receive alimony after remarriage?
Janice Jacovino
Janice Jacovino
answered on Apr 28, 2022

Look at Paragraph 6:

NRS 125.150  Alimony and adjudication of property rights; award of attorney’s fee; postjudgment motion; subsequent modification by court.  Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement...
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1 Answer | Asked in Divorce and Civil Litigation for Nevada on
Q: I’ve been divorced for about almost two years. Me and my ex bought a house together.

I’ve been divorced for about almost two years. Me and my ex bought a house together and she was ordered to sell or refinance within a year. She has done neither. If she sold then the profits were to be split equally. Do to the pandemic I wasn’t sure if I could have force her out in the first... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Apr 4, 2022

If the divorce decree stated that the equity of the house was to be evenly divided, she must follow the court order. Failure to do so would be contempt of court and you can file a motion with the court forcing her to abide by the decree.

1 Answer | Asked in Divorce for Nevada on
Q: If my husband and I were to divorce would I have rights to his business or commercial property if I’m not on the loan?
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Mar 21, 2022

Nevada is a community property state and thus any property that is acquired during the marriage, regardless of whose name is on the loan or title, can be subject to equitable division.

It is best to speak to an attorney to discuss your situation and decide what if any rights you have to...
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1 Answer | Asked in Divorce and Civil Litigation for Nevada on
Q: If my girlfriend finances a car in her name and we break up, am I still responsible for the payments ?
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Mar 8, 2022

as you are not married, and the car is in your girlfriend's name only, you should not be responsible for it if you should break up.

1 Answer | Asked in Divorce for Nevada on
Q: My wife kicked me out and got rid of my truck

Hi my wife kicked me out after a little over a year of marriage in the beginning of December. A few weeks later she had one of her friends call me and say he's towing my custom truck that I spent the last 10 years building out of the garage and if I don't give him money he's going to... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Mar 7, 2022

because you are both still married and have not filed any documents with the court (I am assuming you have not), the court will not be able to assist you with this matter at the moment as you are both still married.

I recommend you remove your truck and any other personal belongings from...
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1 Answer | Asked in Divorce for Nevada on
Q: Me & my now ex wife , had filed for divorce. We agreed on each person keeping their own stuff , we did not do 50/50 on

anything. The divorce status says case is closed. She is now saying she is going to sue me/change divorce because I recently sold my house & she wants money from that . Is she able to sue me or do that ? (Also I bought the house 4 years before we got married)

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Dec 10, 2021

Once the divorce has been finalized and the notice of entry of Decree has been filed your divorce is final and the parties are bound by the Orders in the Decree.

2 Answers | Asked in Family Law and Divorce for Nevada on
Q: As a witness in family court, can I listen to other witnesses before I give my testimony. I want them to know I’m listen

I want other witnesses to see me there listening. Not to change my own testimony or get the story straight. I feel I have the legal right to since it’s public

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 29, 2021

It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are... Read more »

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1 Answer | Asked in Divorce for Nevada on
Q: Hi. I have been married for 25 years and i would like a divorce. What happens financially in Nevada?

We live in Las Vegas and were married here. Thank you.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Mar 3, 2021

Nevada is a community property state, therefore all property, bank accounts, and other assets, as well as debts, acquired during the marriage are considered part of the marital estate. Both parties are automatically entitled to an equal share of the marital estate. Nevada family law courts do not... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: My husband beat the crap out of me in April 2019. He spent jail time now he is OUT. I need a divorce
Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Mar 3, 2021

You are free to file for divorce in any state where you can meet the state requirements for divorce. The only requirement for a divorce in Nevada is that you or your spouse have lived in the state for at least six weeks prior to filing your divorce. You have the right to begin the process at any... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: What to file with the court to notify of a spousal support pre payment ? Just so our case reflects the new ss end date

My ex was ordered to pay a car loan (the loan is in both our names) per our divorce decree, she is having trouble paying it, she has agreed to let me pay off the loan and deduct that amount from the remaining spousal support. What paperwork can we file with the court so this gets logged in our... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Dec 15, 2020

I would recommend that you file a stipulation to modify the current spousal support court order. The modification should represent the new, agreed upon alimony amount that reflects what was deducted due to the car payment. Any other pre-payment should be made in the form of a check that is... Read more »

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