Legal Question in Family Law in Nevada

Legal Separation - Divorce

My original Decree of Separate Maintenance was effective 10/23/07, with an Amended version that added the legal description of the home involved in the community property division effective 11/21/07. We have not been living in the same home since mid-Sept '07.

Given the above, do I have to file a new case to obtain a Divorce / Annullment or can the Decree of Separate Maintenance be amended (again) to stipulate the dissolution of the marriage?

Note that no other changes to the stipulations in the Decree (community property division, child custody, visitation, alimony, etc) are needed. The only change would be to officially end the marriage.


Asked on 1/30/08, 9:08 pm

2 Answers from Attorneys
James Smith James E. Smith Ltd.

Re: Legal Separation - Divorce

You need a new case number.

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Answered on 1/31/08, 2:10 am
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Legal Separation - Divorce

I disagree with Mr. Smith. You have two options, depending if you pled a divorce in the original complaint. If your spouse will not agree to amend the Decree of Separation and sign a Decree of Divorce and sent to the judge as an uncontested matter, you will get a Decree of Divorce.

If you want, you can also file a motion to amend the Decree of November 21, 2007 and the judge, if he or she grants your motion, will file the Divorce.

Finally, though, it might be easier to file just for a divorce, called "status only." You would have to prepare and re-serve the complaint and eventually submit a Decree.

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Answered on 1/31/08, 10:00 am


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