Legal Question in Family Law in Nevada

My husband is thinking of leaving me and we have 2 children and he ha a settlement of 43000.00 comming we have been married for 6 years and lived together for 23 years will I be entitled to part of this and how much


Asked on 4/04/10, 10:54 pm

2 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Depends on what it is for. If it is for lost wages or related to lost wages, you get half. If it is personal injury, ie. pain and suffering, you probably won't get anything. Need more facts to give you a proper answer.

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Answered on 4/10/10, 8:43 am
Marshal Willick Willick Law Group

Mr. Cogan is spot on, but there is more to it. A statute (Nevada Revised Statute, or "NRS" 123.121) guides who gets what if the matter is for a case in which the spouses sue jointly. You can reach the NRS through our firm website, at http://www.willicklawgroup.com/home, or directly at http://www.leg.state.nv.us/law1.cfm.

And the divorce laws DO permit a set-aside of one spouse's separate property to the other -- if necessary for support of the latter. See the article on the interactions of community property and alimony, posted on http://www.willicklawgroup.com/spousal_support_alimony. Given your other information, you should also see the Child Custody (http://www.willicklawgroup.com/child_custody_visitation) and Child Support (http://www.willicklawgroup.com/child_support) pages of the web site.

Since there is a lengthy period of premarital cohabitation, you may qualify for both property division and alimony as if the two of you were married the whole length of your relationship. See the explanation in the articles posted at http://www.willicklawgroup.com/palimony_cohabitation.

If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

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Answered on 4/12/10, 10:42 am


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