FREQUENTLY ASKED QUESTIONS (FAMILY LAW)

QUESTION: Can anyone get divorced in Nevada? 
ANSWER: No. Either the husband or wife MUST be a current Nevada resident and have lived in Nevada continuously for the six weeks prior to the filing of the Divorce action with the intention of remaining here indefinitely. One exception is for active military service members. If either the husband or wife is currently serving in the military and uses Nevada as his/her "home" state (state of residence for tax purposes), the divorce can be filed in Nevada. The residency requirement is NOT true for annulments. For an annulment, if you were married in Nevada you can file for an annulment here.

QUESTION: How do you get a divorce in Nevada? 
ANSWER: There are two types of divorces: Uncontested, where both parties agree to all terms and file a Joint Petition for Divorce with the Court together; and Contested, where either the husband or wife files a Complaint for Divorce with the Court. The person who files the Complaint is the Plaintiff and the Complaint is served on the other party, the Defendant. The Defendant then either responds to the Complaint by filing an appropriate court document (usually an answer, but there are other forms of pleading) and the matter progresses through the court system, or fails to respond in which case a default is taken and the divorce proceeds without the Defendant's input. 

QUESTION: How much does a divorce cost in Nevada and how long does it take?
ANSWER: That depends on the type of divorce you are doing, whether or not both husband and wife agree to all terms, and the nature and extent of any disputed issues. If there are no disputed issues and both the husband and wife agree to filing a joint petition, this office can handle the matter for a flat fee of $1,000, which includes all expenses. In those cases, the divorce is usually final in 2-3 weeks of the time the papers are filed with the court, and no court appearances or hearings are necessary. If both husband and wife do not agree to all terms, the divorce is considered contested. This office's retainer fee for such cases generally begins at $2,500, although that depends on the nature of the case. You can expect a case with many hotly contested issues, such as a child custody battle, to cost quite a bit more and to take a year or longer to get a final divorce.

QUESTION: How does child support work in Nevada? 
ANSWER: The child support laws are contained in the Nevada Revised Statutes at 125B.070. Generally, it is 18% of a person's gross monthly income for one child, 25% for two children, 29% for three children, 31% for four children, and 2% more for each additional child over four. There is a minimum due of $100 per child if the person paying support is unemployed, and a maximum up to $800 per child depending on a person's income. Regular overtime pay is considered part of a person's gross monthly income. There are some guidelines that allow for a deviation from these percentages, which can be found in NRS 125B.080. The Nevada statutes are available for free at http://www.leg.state.nv.us/law1.cfm


FREQUENTLY ASKED QUESTIONS (PERSONAL INJURY)

QUESTION: How long does a person injured in Nevada have to file a lawsuit? 
ANSWER: Generally, under Nevada State law, two years from the date of the accident that caused an injury. However, for those under age 18 at the time of the injury, the time expands to two years from the date of the child's 18th birthday. In medical malpractice actions, the time is two years from when a person knew or should have known of an injury caused by malpractice, or four years from the date of the actual malpractice, whichever is SHORTER, and there is NO additional time given if the injured party is a child under age 18. If the person or entity that caused the injury has anything to do with the Federal Government, it is quite likely Nevada’s State laws do NOT apply. The Federal laws involve much shorter time periods, generally one year from the date of injury, and there is a requirement that the Government be notified of the claim on appropriate forms before a person can proceed in court. If you have been injured, you should consult with a lawyer in the state where you were injured as soon as possible to determine what deadlines apply to your particular circumstances.

QUESTION: Does the person who caused my personal injury have to pay my medical bills? 
ANSWER: No, not directly. You have a claim against the person who caused your injury for the amount of damages you have incurred, which includes your medical bills. However, the person who caused your injury (or his/her insurance company) does NOT have to pay your bills as they are incurred. He/she only has to pay once, in a lump sum, for the personal injury damages caused, and usually that payment requires that you sign a release indicating that by accepting the payment (a settlement) you are forever forgoing any additional compensation for damages caused by the subject accident. Therefore, it is very important that you know the full extent of your damages and all losses related to the accident before you agree to accept any settlement or even begin any negotiations.

QUESTION: If I am hurt on someone’s property, does the person that owns the property have to pay my medical bills?
ANSWER: No. A property owner is only liable (responsible) if they have been negligent, meaning they knew or should have known of a hazardous condition on their property and failed to remedy the condition – and it was that condition that caused you harm.

QUESTION: How much is my personal injury case worth? 
ANSWER: The answer to that question can only be given after reviewing and analyzing the type of accident, the nature and extent of your injuries, the nature and extent of your damages, and various other factors including how much juries in the area where your case would go to trial generally award for similar cases. Don't guess, and don't trust an insurance company adjuster to tell you how much your case is worth. Have the case evaluated by an experienced attorney to know for sure.