How to Not to Get Screwed in a DivorceWant to learn how to not get screwed in a divorce? There’s a lot of stuff out there about getting a Nevada divorce. I mean, let’s face it . . .Bad advice on how to not get screwed in a divorce is everywhere! From articles on-line to social media posts to your co-workers telling you about their divorce . . . it can be hard to separate solid advice from a case gone bad. Well don’t worry. We’ve got you covered.
#1: I Don’t Live In Nevada. Can I Get Divorced There?
#2: My Children Live Somewhere Else. Can I Still Get A Nevada Divorce?
#3: What Is The Difference Between A Contested Divorced And An Uncontested Divorce In Nevada?
# 4: Can I Just Mail The Divorce Papers To My Spouse?
#5: Do I Have To Take A Parenting Class To Get A Divorce In Las Vegas?
Family Solutions offers in person and online classes
BOSS Court Education offers online classes
Two Families Now offers online classes
#6: Can I Change Judges If I Don’t Like My Divorce Judge?This topic comes up a lot in our practice. Unfortunately, it usually happens after our client has been to court and after the judge has made the decision they client doesn’t like. By this point it’s too late to change judges. So to answer the question “can I change my judge?,” the answer is you can but you have to do it at the very beginning of your case and you can only do it one time in most cases. Changing judges is known as a peremptory challenge. What this means is that you get one chance to change your judge. That’s it! And there are rules . . . First: File a notice to change judges within 3 to 10 days of being notified of a hearing. Second: You can’t file a peremptory challenge if the judge has already made a decision in your case. Third: The cost to change judges is $450. Fourth: You don’t have to give a reason you want to change judges if you file a peremptory challenge. You just have to file the notice within the required time frames. Fifth: Your case will be randomly reassigned to another judge. You don’t get to pick your new judge. In addition to the peremptory challenge, you can also change judges for cause. This topic exceeds the purpose of this article. What we will say is, if you can prove there is bias, a conflict or inappropriate conduct by your judge, you can file a motion to ask to have your judge removed from your case and a new judge be assigned. If you really want to change judges, we strongly suggest you talk to your divorce lawyer about the risks and benefits of doing so.
#7: How Do I Prove That I Am A Nevada Resident So I Can Get Divorced?
Like we said before, you must be a Nevada Resident in order to get divorced in Nevada.In order to “prove your residency,” you will need someone that knows you, that also lives in Nevada, to complete an Affidavit of Resident Witness. The affidavit must include the full name of the witness along with their address. Your witness must also swear, under oath, that you have lived in the State of Nevada for at least 6 weeks before you filed your complaint for divorce. The witness will also need to explain how they know you. For example, are they a co-worker, or a friend, or a family member? They will also need to swear how many times a week they see you in Nevada. Ideally, your Resident Witness should see you at least three times per week. If the judge does not believe your Resident Witness’ affidavit or if the judge has concerns about your being a legitimate resident of Nevada, the judge may ask for additional proof of your residency. How you can you prove you actually live in Nevada?
Give a copy of a mortgage statement or lease
Submit a Nevada Driver’s License
Provide a copy of utility bills in Nevada in your name
Show proof of employment in Nevada like a paycheck stub or work assignments
Present proof of a Nevada bank account and use bank statements to show you are using your account in NevadaKeep in mind that if you cannot prove you actually reside in Nevada, you may not be able to get a Nevada divorce.
#8: What Happens If I Don’t Respond To The Divorce Complaint?
#9: What If I Didn’t Ask For Alimony At The Beginning Of My Case? Can I Still Get Alimony?
#10: Do I Have To Share My Finances With My Ex?In most cases the answer is yes! You will have to give your spouse some financial information. For example, if you have children, even if you plan to share custody, you will still have to exchange your income information so your judge can calculate child support. Even if you two agree on child support, you will still have to provide your income information to the judge and explain why you have made the agreements you have. Likewise, if you and your ex cannot agree on how to divide your bank accounts, chances are you are going to have to disclose each bank account and how much is in it. And . . . if your ex thinks you have wasted money or hidden assets, you may have to disclose more than just account numbers and balances. We get it! Disclosing all of your income, assets and debts can seem like an invasion of your privacy and may feel unfair, but providing complete information on financial disclosure forms will probably save you money and more litigation in the long run.
#11: What Documents Do I Have To Give My Spouse In A Contested Divorce?
Bank and Investment Statements
Credit Card and Debt Statements
Real Property Documents
Property Debt Documents
Deposits and Receivables
Retirement and Other Assets
Insurance and Insurance Policies
Proof of IncomeThere might be additional documents that your judge will require you to disclose.
#13: Do I Still Have To Pay Alimony Even If I Am Supporting Our Adult Children?Oh boy! We just had this very issue in a recent divorce case. Needless to say, it did not go over well. During the divorce proceedings, our client’s child turned 18 and went off to college. Our client was paying a pretty decent amount each month to support his 18 year old. The issue? Our client did not want to pay alimony to her spouse of 35 years but wanted to pay for their son’s college. But this made the judge was angry. The judge said that it made no sense that our client supported the child over her husband. At the end of the day, our client ending up having to pay for her ex and her son. The lesson here? While supporting your adult children is commendable, spouses come first. There is no basis in the law for the Court to order you to keep helping your adult children while not supporting your spouse. Our recommendations? Have a long discussion with your adult children about finances and what you can contribute and cant contribute when the divorce is granted. Likewise, we recommend talking with your soon to be ex and asking whether they would be agreeable to having you pay to support your adult children instead of paying them spousal support. If you two agree, then the judge will likely abide by your agreements.
#14: Who Pays For The Lawyers In A Nevada Divorce?
#15: How Do I Go Back To My Maiden Name Once I’m Divorced?
The Department of Motor Vehicles for your driver’s license and car registration
On your bills and utilities
With your mortgage company and on any property deeds that you may have
Your passport and any other official document
If you forgot to change your name in your divorce decree you have two options:
First Option: Do a formal name change which requires filing additional documentation with the Court and paying a new filing fee
Second Option: Submit an amended decree identifying the name change. CAUTION: If you select this option, it will be 100% the judge’s decision whether or not to give you the name change in the Decree of Divorce