Legal Question in Family Law in Nevada

Re: Do I have to file for divorce

Good question. We have a similar issue here in Nevada where a person was supposed to be a witness at a wedding chapel but they were out of the country at the time of about 100 weddings.

I believe that you need to file either a complaint for divorce or paternity. You will need a custody and child support order regardless of whether your marriage is valid. Further, you have property that needs to be divided, whether done in a divorce court or a civil court.

Finally, with an 8 year marriage, you would be eligible for alimony. Frankly,there are too many issues to do nothing and it would be incorrect to not resolve these issues with a judge's order.

Re: Do I have to file for divorce

Thank you for your inquiry.

Your situation is very unique. If you and your partner underwent a marriage ceremony, have been living together as husband and wife and have meant to be married, a Court would be reluctant to find you not married on a technicality such as failing to file a marriage license.

You would have numerous issues anyways with child custody, alimony, and division of assets.

If you'd like to speak to an attorney contact my office and we can scheudle a free consultation.

Regards,

Jim Herbe