Legal Question in Family Law in Nevada
Abandonment
I have asked my wife for a divorce, of which she has agreed. However she will not talk about any specifics and we can't live together as things are getting toxic (I do plan to take the things I want before I leave). My question is if I keep in contact with my son, do things with him, and continue to pay my portion of the shared bills, am I harming myself concerning custody and our house to where she could claim abandonment?
2 Answers from Attorneys
Re: Abandonment
No. Abandonment in Nevada means disappearing for over a year without any contact. Nevada is otherwise a no fault state.
Re: Abandonment
I usually advise people not to move out unless you think domestic violence could come into play. If you move out you no longer have daily access to your son, she controls when you see your child and she can also change the locks and prevent your access to the house along with any documents you may need from the house. If you move you haven't given up your interest in the house but depending on your respective financial situations, you may end up paying half the mortgage payment for the house (or more) during the pendency of the divorce plus have to maintain the new place you are moving in to. Depending on the department your case is assigned to, it could take 6 to 9 months for the divorce trial. If the decision at trial or before by stipuation is that the house will be sold she controls the realtor's access, the condition of the house etc. Just some thoughts. If, however, you think that she could or would accuse you of domestic violence if you stay then you have no choice but to move out.