Legal Question in Family Law in Nevada

validity of counter claim - notary

I filed for divorce in NV, my res, in Nov. My husband sent an answer & counterclaim back within the 20 days. He moved to TX in Feb08. He signed it stating he resides in the state of NV. He then had it notarized by a St of NV notary - but this notary had moved to TX in June08, therefore she is not legally a notary for NV, nor TX. Plus she signed in only one of the two places, I'm assuming just the acknowledgement, not the verification. This is what my attorney said: ''Do you want to spend money on attorney's fees to have me research and prepare a motion to strike his counterclaim for failure to comply with the court rules? Otherwise, we will reply that it is invalid due to the deficient notarial. '' What is the difference btwn the 2 statements she made, & what kind of fees should I expect? She's $300 hr. I don't understand legal jargon. It's my thought that this counterclaim is now null & void. What's the deal?

I tried filing a complaint for divorce, made him an offer of 40% of the equity, with various costs (refi fees, costs incured in last 10 mo., med bills, etc) coming off the top. He sent countclaim, asking for more than double what I offered. But I think the counterclaim is null & void due to his listing his incorrect st


Asked on 12/10/08, 11:12 pm

1 Answer from Attorneys
Jim Herbe Black & Lobello

Re: validity of counter claim - notary

Thank you for your inquiry to my office.

Your case sounds like it could have issues of fraud and misrepresentations to the Court involving the pleadings. You may have the ability to strike a pleading in the case to allow your filing to go forward unopposed. While this is a possibility for you, most judges would still allow the case to proceed on its own merits.

I would want to speak to you in a little more detail regarding the facts of your divorce.

Contact me at my number below if you'd like to discuss our various fee options in your case.

Regards,

Jim Herbe, Esq.

702.966.5686

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Answered on 12/11/08, 5:20 pm


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