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Nevada Divorce Questions & Answers
3 Answers | Asked in Immigration Law, Divorce, Domestic Violence and Family Law for Nevada on
Q: Adjustment of status denied after spouse's withdrawal, now out of status.

I got married to my ex-husband two years ago while I was on a J1 visa and in status. He filed for my adjustment of status, but now our marriage is ending due to his alcoholism and drug use, along with his lack of financial support. Recently, I received a message from USCIS saying my case was denied... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 31, 2025

If you were the victim of emotional or physical spousal abuse, then you could file an independent petition for a green card under the violence against woman act. The success of an application would depend upon the unique facts of your case. If he was an alcoholic, and he was threatening to withhold... View More

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1 Answer | Asked in Divorce for Nevada on
Q: Does a name discrepancy affect my divorce decree's validity?

I recently discovered a minor discrepancy in my divorce documents. My last name is printed with an apostrophe on the divorce decree, while it does not appear on the marriage certificate. I noticed this a few days ago but haven't encountered any issues because of it over the years. I... View More

Jennifer Setters
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answered on Mar 3, 2025

A minor discrepancy, such as an apostrophe appearing differently in your name between the divorce decree and the marriage certificate, typically would not invalidate your divorce decree, especially if you've had no practical issues related to it over the years. Courts generally recognize that... View More

2 Answers | 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 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 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 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, Family Law and Civil Litigation for Nevada on
Q: Options for divorce settlement issues in Nevada and California: dealing with excluded assets and costly forensic review.

I live in Nevada, and my spouse lives in California. I filed for divorce in California, and we've just had a divorce settlement conference, but I'm unhappy with the settlement and my attorney. The settlement excludes assets I brought into the marriage and disallows my inheritance from my... View More

Jennifer Setters
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answered on Mar 31, 2025

Reevaluate and Renegotiate the Settlement

Discuss Your Concerns:

You can speak with your attorney about your dissatisfaction with the settlement—specifically the exclusion of premarital assets and your inheritance. This could open the door to renegotiating the terms before...
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1 Answer | Asked in Divorce, Child Custody and Family Law for Nevada on
Q: Can my friend in Nevada pursue divorce and gain joint custody after an incident with her husband?

I have a friend who wants to divorce her husband of 12 years due to ongoing mental and emotional difficulties. In 2020, after an incident during a postpartum period, he called the police on her due to an accidental scratch, but the case was dismissed. She is wondering if she can pursue a divorce... View More

Jennifer Setters
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answered on Mar 31, 2025

No-Fault Divorce in Nevada:

Nevada is a no-fault divorce state, which means that a party doesn’t need to prove wrongdoing to obtain a divorce. Ongoing mental or emotional difficulties or an isolated police incident (especially one that was dismissed) typically aren’t barriers to filing...
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1 Answer | Asked in Landlord - Tenant, Divorce and Real Estate Law for Nevada on
Q: Can my ex-husband evict me in Nevada despite owning 50% of house in divorce decree?

I am concerned about being evicted by my ex-husband within the next three days, even though our divorce decree states that I own 50% of the house. We agreed to sell the house, but the real estate agent informed me via text that the locks will be changed soon, claiming that I am not on the deed. I... View More

Anthony M. Avery
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answered on Mar 19, 2025

Having a divorce decree that says you get half of the sale proceeds does not vest title in your name. Talk to your attorney. However it does sound like the sale may take place soon, but you need to insure you will get your half of the sales price.

1 Answer | Asked in Domestic Violence, Divorce, Employment Law and Contracts for Nevada on
Q: What options do I have with a car financed in my name in an abusive relationship?

I'm in an abusive relationship and trying to get out. My husband had me finance a car in my name only, and now he refuses to pay for it. I can't afford both car payments due to my limited income. We have one child in the home. We didn't have any formal agreement about him paying for... View More

Jennifer Setters
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answered on Feb 24, 2025

1. Prioritize Your Safety First

If you are in immediate danger, contact a local domestic violence shelter or hotline (e.g., the National Domestic Violence Hotline at 800-799-7233).

Consider reaching out to a domestic violence advocate for guidance on financial and legal matters....
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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 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: 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.

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