Legal Question in Family Law in Nevada

Nevada family law. I waited the 5 years (60 months) prescribed be decree to get my spousal support (due Jan.1, 2012). Never received. Consulted attny, then filed Motion for Contempt for nonpayment. Next day, my ex's longtime attny (who has represented him since 2008 in this case and others re: divorce fallout effected business/lawsuits/etc), filed Notice of Withdrawal. Doesn't he need permission from Court to withdraw? It is an evident tactic: now I have no opposing attny to answer for ex who has run away and been living in Ohio with his mother. Do I have any recourse? Will Nevada judge let him withdraw if file some motion to oppose his withdrawal?


Asked on 6/30/12, 3:46 pm

1 Answer from Attorneys
James Smith James E. Smith Ltd.

An attorney can file a Notice Of Withdrawal when there is no pending matter in dispute. You can still proceed with taking your ex spouse back to Court by serving him with a contempt motion at the address listed in his former attorney's Notice. Just because your ex has moved to Ohio does not mean that he is free from his obligation to you or free from Nevada's jurisdiction over him. You can also hire a licensed process server to personally serve him with a motion in Ohio where he now lives. A Motion To Withdraw is only required when there are disputed matters still pending. If his former attorney improperly withdrew you can bring that up in your motion for contempt against your ex but, if an attorney wants to withdraw, the Court usually lets him or her do so.

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Answered on 6/30/12, 3:57 pm


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