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Nevada Divorce Questions & Answers
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: 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 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 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: 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
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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: 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 and Civil Litigation for Nevada on
Q: Can parties to a post nuptial stipulate to the state of jurisdiction. I.E. both reside in Nevada, but one or both move '

one or both move to Calif. and / or Oregon?

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

Post-nuptial agreements are recognized in all 50 states, regardless of where they were originally drafted and filed. However, many laws vary state to state, therefore, if a matter included in the post-nuptial agreement was pertinent to the laws in the state in which it was filed, that matter may... 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 »

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Nevada on
Q: I have 2 questions. Is a will still good after divorce? do I need to file divorce papers if it states im lefthousedeath?

Is a will still good after divorce? My mom remarried but ex step dad did not, thet were still friends having other kids together. The will leaves her pretty much everything is it still valid even though they divorced? My second ? In their divorce papers its stated that she is to be left the house... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Dec 11, 2020

Nevada law does nullify an ex spouse as a beneficiary in a will dated before the time of divorce. All other beneficiaries in the will do however remain valid. If, as you say, the house was explicitly mentioned in the divorce decree as being left to your mother, then this may stand regardless of the... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: Do I have any rights given the fact that you were married in a temple in March 15 but didn’t submit the paperwork

We got married in front of plenty of family and friends we both signed a Ketubah ( Jewish marriage contract ) with 2 witness signatures and the Rabbi we couldn’t file our paper work because of the Corona Virus

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Dec 11, 2020

As long as the couple has a valid Nevada marriage license and the ceremony was performed by a Nevada licensed Officiant with at least one witness, then the marriage is legally recognized. The officiant’s failure to record the marriage documentation within the required 10 days after the ceremony... Read more »

1 Answer | Asked in Divorce, Land Use & Zoning and Real Estate Law for Nevada on
Q: My mom and dad are divorced but still own land together in AZ. He is backing out of a verbal agreement, what can she do?

My mom and dad are divorced but still own land together in AZ. He is backing out of a verbal agreement, that they would put the land in mine and my sibling's name. There was no written contract or clause in their divorce about this land. Now he is stating that he only agreed to give my brother... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 10, 2020

Unless there is some contract, she cannot force him to convey out. Examine the divorce decree carefully. In all likelihood the Mother's only recourse is to file an action for Partition. But even that does not put anything in your name as basically you have no legal standing.

1 Answer | Asked in Divorce and Immigration Law for Nevada on
Q: Legal separation, just separation or divorce before Green card interview?

My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Dec 3, 2020

I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other... Read more »

2 Answers | Asked in Divorce and Family Law for Nevada on
Q: Financial abuse

My husband has decided that he will only pay for the house payment and all of the other money is his. I only make enough money to cover medical insurance. He has paid all of the other bills for 25 years. He has decided that all of the money is his and too bad for me. Should I file separation and... Read more »

Janice Jacovino
Janice Jacovino
answered on Nov 2, 2020

I am sorry for the way you are being treated. Only you can decide if you are ready to file for separation or divorce. You can request support with both a divorce or with a legal separation.

Also, once you file with the court you can also file for a request for Joint Preliminary Injunction....
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