Legal Question in Family Law in Nevada

What am I entitled to in my divorce?

Recently I found out from my husband that he has been unfaithful our whole relationship. I want to file for a divorce and for custody of our two children but I also want to know if I am entitled to alimony or his pension plus how much I should receive in child support. Will it be garnished from his wages? He is in law enforcement should I be worried about that? I have a temporary job which will be ending in January, will this hurt my chances of getting custody of the children? He spends hardly anytime with them as it is, even on his days off. My income is not even half of his income and I know that if he has to pay child support voluntarily, it won't get paid. How should I proceed with this whole divorce? I can't afford an attorney, can he be asked to pay for my attorney's fees?


Asked on 11/13/06, 4:27 pm

1 Answer from Attorneys

James Smith James E. Smith Ltd.

Re: What am I entitled to in my divorce?

You are entitled to half of the community property which includes his pension. You are entitled to 25% of his gross income for child support. The child support can be garnished from his wages. You will not lose custody because you have a temporary job. Custody is based upon who is the primary psychologica parent who has spent quality time with the children. Even though Nevada is a no fault state his adultery would hurt him in getting custody. You are entitled to attorney's fees if you cannot afford them. However, you may have to come up with some money to obtain an attorney. You are entitled to temporary alimony. You can also go to the self-help center if you are in Las Vegas to do the divorce without an attorney. Also paralegals in family law are available. However, I would recommend you obtain a divorce attorney to make sure the divorce is done fairly and correctly.

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Answered on 11/13/06, 4:36 pm


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