Legal Question in Family Law in Nevada
Divorce Representation
My wife and I will be married one year January 28th. In July, I found out she was pregnant with another man's child before our marriage. (admitted)
Still, I have been trying to work our marriage since then, but it will not work out. We just fight and argue too much, can't get along, etc. Divorce is the best option at this point.
My question is over property division, costs. I owned our house prior to our marriage. We have just purchased two vehicles together(in both names). I have no problem with her having her vehicle and me having mine.
We discussed divorce before, and my wife stated she would refuse to the sign the papers because she wanted to work the marriage out.
What options do I have if she just refuses to sign? Can my wife take my house even though we have only been married less then a year? Can she take my retirement?
I've taken good care of her during our short marriage. She works full-time. In May 2007, she was hospitalized. I took half my retirement out to pay her medical bills.($6,000+)(Not sure if this matters)
Help needed.
Thank you
3 Answers from Attorneys
Re: Divorce Representation
You will get the house and your retirment. There will be no alimony. However, paying her medical bill is a gift and a duty. You will be presumed to be the father of her child until a paternity test shows otherwise. If she contests the divorce you will have to take her to trial.
Re: Divorce Representation
There may be a community property interest in your home and retirement, however since your marriage was only a year it should not be much. You will need to make certain that the child is not declared yours since Nevada law presumes you are the father (and therefore liable for child support). If your wife will not sign the needed papers it does not matter, you can file through the complaint and answer process. The money used from your retirement to pay her medical bills is likely lost.
If you have additional questions, please contact me for a consultation.
Re: Divorce Representation
Thank you for your inquiry.
You do not need your wife's permission to begin divorce proceedings in Nevada. You just need to file a formal Complaint with your county's Family Court to begin the process.
You have several important issues to address in your divorce.
1) If the child is not yours but you are married at the birth of the child the law presumes that you are the father. However, you may petition the Court for a paternity test to show that you are in fact not the father.
2) Nevada is a community property state meaning that marital property typically is split equally. Items such as your home and pension may raise a community interest for your wife. However, because you were only married a year there would be little financial interest for her in it.
3) My office handles all family law matters. If you'd like to speak to someone from my office contact me for a free consultation. We accommodate all situations with payment plans, hourly rates, and credit card acceptance.
Contact me with any questions or concerns.
Best Regards,
Jim Herbe
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