Can I Record A Conversation Between My Ex And I?

No.  Frequently, divorce litigants get discouraged because their soon-to-be ex alleges blatant lies in pleadings to the Court.  Quite often, clients desire the self-help remedy of recording conversations, either on the phone or in person, to disprove these false allegations.

Unfortunately, Nevada is considered a two party consent state.  This means that both parties must consent to calls/conversations being recorded.  Under NRS 200.650, it is a Class D felony (!) for a person to record any private conversation without the consent of the other.  The statute provides for possible imprisonment and monetary sanctions.  Bottom line: you don’t want to do this.

Having said this, some judges will authorize divorce litigants to record calls if the communications seem to get out of hand.  This is more of an extreme remedy, and you can’t use it to justify recordings made prior to the judge’s order.

What If The Process Server Can’t Serve My Husband/Wife With Divorce Papers?

Sometimes a Defendant will do anything to avoid a process server, hoping that it may inevitably stall a divorce proceeding.  Well, he or she can’t hide forever, and if you want a divorce, you are entitled to it.  You just have to jump over some procedural hurdles to get the job done. 

First, you obtain an Affidavit of Due Diligence by your process server.  This explains that the process server has diligently attempted to serve the Defendant to no avail.  Then you file an Ex Parte Application To Serve By Publication (“Ex Parte” means “one sided” so you don’t have to serve the other party with it). 

Once the Court grants you permission to serve via publication, you take out an ad in a local paper (I use Nevada Legal News) once per week for four weeks.  After the four week period, the Defendant is deemed to be served, and the twenty day time for him to Answer begins to toll.  If the Defendant doesn’t file a timely Answer, then you can file an Application for Default Judgment, and eventually file a Default.

It’s not the fastest process in the world, but it gets the job done.  The moral of the story: if you want a divorce, and the other party is trying to prevent the divorce, it is possible to get the ball rolling.

How Much Child Support Will I Have To Pay In Las Vegas, Nevada?

There are two calculations for child support based on the physical custody arrangement.  When one parent has primary physical custody, the other parent must pay a certain percent of his or her gross monthly income.  The percent he or she must pay is based on how many children the parties have, and is found in NRS 125B.070.  For one child, it’s 18%.  For two kids, it’s 25%.  For three kids, it’s 29%.  For four kids, it’s 31% and 2% for each child after four.  If the parent who pays has a large income he or she can benefit from the statutory cap (also known as the Presumptive Maximum Amount).

Child support, unlike spousal support, isn’t subject to much discretion by the Court.  In other words, the Court plugs in the gross monthly income and the percentage and voila–you’ve got your child support obligation.

When the parents have joint physical custody, Child support is calculated based on a formula found in Wright v. Osburn.  The formula is this: calculate the child support obligation for each parent (so if there is one child, multiply each party’s gross monthly income by 18%).  Then separate the larger from the smaller, and that is what one parent must pay the other.  For example, if Mom grosses $7,000 per month, and Dad grosses $4,000 per month, then Mom’s child support obligation would be $1,260 per month (7,000 x .18), and Dad’s would be $720 per month (4,000 x .18).  Since Mom out-earns Dad, she has to pay him $540 per month (1,260 – 720).  If the parties earn close to the same amount, it’s a wash, and no one has to pay child support.

As mentioned above, the child support calculation is firm and judge’s don’t have much wiggle room to alter it.  In some rare cases, though, you can seek a an upward or downward modification of child support based on the factors found in NRS 125B.080(9).  On example is if the child is special needs or requires extra medical attention.

 

Can I Change The Locks During My Las Vegas Divorce?

The short answer: no, absent a court order.

It’s not uncommon for one party to want to lock out the other after initiating a divorce. If you want to change the locks, though, you need to first seek the Court’s permission in a Motion for Exclusive Possession of the Marital Residence.

In this Motion, you explain why it is impossible or impractical for you and your soon-to-be-ex to live under the same roof while the divorce is pending.

Some reasons that may give you the upper hand in a Motion for Exclusive Possession are 1) whether the other party has voluntarily moved out of the marital residence (this shows that both parties likely agree that they shouldn’t be living together), 2) whether there are children in the home (is a hostile relationship between the parties damaging the kids?), 3) whether there has been an act of domestic violence against one party by the other, and 4) the financial condition of the parties (which party is better situated to move and begin to re-establish himself or herself).

Generally, when a party to a divorce files a Motion for Exclusive Possession in Las Vegas, it will be granted unless there is a showing that one party cannot afford to move out and doesn’t have any friends or family to crash with until the divorce is final.

Oftentimes, a Motion for Exclusive Possession is coupled with a Motion seeking temporary relief, such as temporary spousal support, temporary custody of the kids, and temporary child support. Motions for temporary relief are good ways for the parties to manage some of the issues, and transition into singlehood without too much of a fight.

How Long Will My Divorce Take In Las Vegas, Nevada?

This is usually one of the first questions that a prospective client asks me during an initial divorce consultation. The answer is: it depends. First of all, it depends on whether you are seeking a contested divorce or an uncontested divorce.

An uncontested divorce means that both parties agree on all of the material terms, including community property division, community debt division, spousal support, child custody, and child support. An uncontested divorce can happen fast–so fast that it actually shocks some people. From the date that your attorney drafts the paperwork, and both parties sign, you just have to wait until the judge signs which can be anywhere from a couple of days to a couple of weeks.

This is a simplification of the uncontested divorce process. It can still be procedurally challenging to complete an uncontested divorce, which is why it makes sense to hire an attorney, even for this simplified method of dissolving your marriage.

On the other hand, a contested divorce takes much longer than its uncontested counterpart. So how long does it take? As long as it takes you and your soon-to-be ex to agree on the material terms.

Even if you two agree on the property and debt division, and physical and legal custody, and child support, but can’t come to an agreement regarding spousal support, you must continue to actively litigate the case.

Now if you agree on some terms, you can stipulate to the agreement on the record, and limit the scope of the issues you will continue litigating. For instance, you might agree on the kid issues, but not the property issues. This can help, but your divorce won’t be finalized until either you both agree on the material terms, or until the judge issues an opinion after a trial or evidentiary hearing.

Do Grandparents Have Visitation Rights In Nevada?

In Nevada, Grandparents–and other relatives–sometimes have the right to seek visitation with minor children. Nevada Revised Statutes 125C.050(1)(a)-(d) permits a relative to seek visitation of a minor child where the parent of the minor child is deceased, divorced from the custodial parent, has relinquished his or her parental rights, or if said parental rights have been terminated by the court. Visitation statutes like 125C.050 were designed for situations where “some event has taken the grandchildren from the custody of the parent from whom the grandparents would normally receive access to their grandchildren.” Steward v. Steward, 111 Nev. 295, 301, 890 P.2d 777, 780 (1995) quoting Olds v. Olds, 356 N.W.2d 571, 574 (Iowa 1984).

The Court in Steward explained that visitation statutes do not provide a means for court intervention when the dispute is between the grandparents and a custodial parent who is their child, but rather, when there is a “dispute over visitation between the grandparents and a custodian of the children who is not the child of the grandparents.” Id. at 302, 781.

NRS 125C.050 does not give Grandparents or relatives the right to seek visitation of grandchildren when the parents agree that it is not in the child’s best interest to have contact with his or her grandparents.

Where, for example, the mother of a child has passed away, or is incarcerated, or has relinquished her parental rights, and the father has full custody, the maternal Grandparents in Nevada can petition the court for visitation if the father refuses.