Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nevada Divorce Questions & Answers
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
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...
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
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
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
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
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
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 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 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: 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... View More

Bonnie M Lonardo
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...
View More

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
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...
View More

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?... View 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
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... View More

View More Answers

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... View More

Bonnie M Lonardo
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
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...
View More

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
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.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.