Legal Question in Family Law in Nevada
How is it legal to get a divorce through the newspaper- I was never served and would of contested- what are my rights- I just found out he remarried
3 Answers from Attorneys
You probably won't win as to still being married. Nevada is no fault and thus, he is entitled to become single and especially since he has remarried, the Judge won't vacate the part of the divorce that makes you single. The more important question is the property division and any custody and support.
Is it worth your time and expense to fight the division that was ordered in the Decree. Will you get over $10,000 more if you fight, because it would cost that much to set aside the property division and go to trial as to debts and assets. If you have been married for enough time, you might be able to get alimony, especially if he makes more than you. If you have children that yo want custody of and he got custody, of course you fight.
If you would like an appointment to discuss, you may email me at [email protected].
We have litigated several cases involving parties who were never personally served, where the other party COULD have served them but chose publication, presumably to avoid actually giving notice. They are very fact sensitive, but on the right set of facts can lead to set aside of the decree (as Jeff says, even if not as to status, set aside as to property, debt, and support) and give you your day in court. You really should take all your paperwork, and a bunch of background information (did he know where to find you? Could he have found out?) to a consultation with a family law specialist.
These sorts of legal situations are very complex. You should consult with an attorney who regularly practices in the area of family law. Contact the Nevada State Bar at 702-382-0504, and they will connect you with an attorney who will be obligated to offer you a substantially discounted consultation fee.