Legal Question in Family Law in Nevada
Divorce involves 2 children
My husbands attorney has sent me a notice of default on the divorce but the court date is on the 30th. how can they default me if the day has not passed? Please help me He is trying to take away my children saying that i am unfit to care for them. I do not have an attorney because I cannot afford one.
2 Answers from Attorneys
Re: Divorce involves 2 children
If you are served with a complaint, you have 20 days to answer. If you fail to answer in time, the other party can enter a default and get the divorce. The pending motion then becomes moot. You need to see if a relative or friend will help you to afford an attorney. If not, you should see if you qualify for the pro bono program which provides you an attorney free of charge if your income is sufficiently low. You can also go to the family court self help center to find out how to file the answer so the default cannot be entered against you.
Re: Divorce involves 2 children
Nevada Law requires that you file an Answer or other Responsive Pleading to the Complaint for Divorce within 20 days of personal service of the Complaint, exclusive of the date of service.
Since you talk about having a court date on April 30th, I am assuming that you must have also been filed with a Motion as Complaints don't give you a hearing date, only the filing of a Motion and setting of a Motion do. You are supposed to respond to the Motion, in writing, within 10 days, but there is usually some leeway on that issue.
If you cannot afford to hire counsel, then go to the Family Court Self-Help Center and purchase a packet for $5.00--it will have the basic forms to assist you in responding to a Complaint and Motion or Google: Clark County Family Court Self Help Center and you can find the packets on line.
In addition, if you qualify, there are pro bono (for free) legal agencies in town. Check out the Internet or the phone book.
You may find that legal professionals are not as expensive as you think and may be able to make arrangements with someone.
Write a letter, fax it, keeping a copy of the letter and fax transmission sheet, to the lawyer telling him that you intend to defend this lawsuit.
The bottom line, get something on paper and filed at 601 No. Pecos (Family Court) as soon as possible.
Good Luck!