Family Law Frequently Asked Questions
Family law matters like divorce, child support, child custody, and parent relocation address some of the most intimate, important aspects of an individual’s life. Many of these issues are complex and require consultation with an experienced family law attorney.
Below are frequently asked questions answered by the attorneys of Mills & Anderson. The information below should not be construed as legal advice and is for educational purposes only.
Las Vegas Family Law Attorneys
The family law attorneys of Mills & Anderson have years of experience helping individuals and families in all aspects of family law, including divorce, child support, child custody, alimony, modification, annulment, and adoption.
Contact Mills & Anderson at (702) 386-0030 or submit an online form to schedule a confidential consultation. The team of attorneys at Mills & Anderson serves clients throughout Clark County, including Las Vegas, North Las Vegas, and Henderson.
Las Vegas Frequently Asked Questions
- How does a mail in divorce work?
- Can I repossess my property because the buyer did not return to me my trailer that it was delivered upon?
- Trying to get Visa for India for a minor child.
- I’d like to file for divorce but I am unable to locate my spouse. What should be my first step to begin the divorce process?
- Does Adultery trigger a disqualification of alimony in a divorce?
- Can I collect past due child support even though my children are now adults?
- Is there any legal action I can take to get her to leave us alone?
- Husband wants to adopt my son
Q: I just read, that in certain cases, like no children, no property involved, and the debt/ property does not exceed $10 000/ $150000, then a mail in divorce can happen? How does that work and when?
A: Check with a lawyer in your jurisdiction. Online divorce services are fraught with peril. Many are being run in violation of state law, without the supervision of a licensed attorney. Documents are often prepared incorrectly or with gaping holes in areas where items should have been addressed. That’s not to say it won’t work, but its a gamble in my opinion.
If your case is as simple as it sounds, a good attorney can probably handle it for a reasonable flat fee. It will cost more than the “mail-in” divorce, but it will be done correctly.
Can I repossess my property because the buyer did not return to me my trailer that it was delivered upon?
Q: Over a year ago, I sold a shed to an individual on Craigslist with a bill of sale stating that the sale of the shed was contingent upon me receiving the trailer back upon which it stood and was delivered on. the buyer was well aware that the trailer that the shed sat on was not part of the sale and even signed his signature on the agreement stating that the trailer was not part of the sale.
I have been sending multiple text messages and leaving multiple voicemail messages stating that I need the shed to be removed from my trailer so that I can have the trailer back.The responses I get have mostly been that he has not found a place to park the shed yet.
now that it has been well over a year I have been texting him telling him that I am going to come and pick up my trailer regardless of what stands on it I also told him that due to him not giving my trailer back within a timely manner after me warning him that it is his last warning I am going to take the trailer back even though the shed is still on it and any money that he had put towards the shed has become rent for having my trailer so long. And ignoring my requests to remove the shed.
A: Courts typically frown on self-help, meaning you probably don’t want to show up at his house and hitch up the trailer w/shed and leave without a court order. That being said, my guess is both your trailer and shed are long gone. He probably sold them and is lying about it. I don’t know why someone would buy a shed with no place to put it.
Anyway probably best to sue him in small claims court and get a judgment for the return of the property or its equivalent value.
Q: I have joint custody of my child but he has been living with me since birth and his father has never contacted him. Now I want to get Visa for India to visit for child and the application requires other parent’s signature. But I do not have his contact information to reach him. What should I do?
A: You will either need to get the Court to order its clerk to sign the application on behalf of the father or file a petition to terminate the father’s parental rights. Either way, you’ll need to hire a competent attorney in your area to accomplish what you want to.
I’d like to file for divorce but I am unable to locate my spouse. What should be my first step to begin the divorce process?
Q: My spouse and I started an uncontested divorce (with no lawyers) last year in Colorado but he got angry with me and disappeared right before we were to sign the final papers. I am unable to contact him and I have now moved to Arizona for work. I have no idea where to start/how to start filing again. What should be my first step?
A: Rules for service on your spouse vary from state to state. Generally, you must first file a summons and complaint for divorce and attempt to locate him through what is called a “due diligence search”.
If you are unable to find and personally serve him, then you will need to petition the Court for permission to serve him by publication.
In terms of where to file, that will depend on the jurisdictional rules of the state where you are and in Colorado. You’ll probably need to consult with an attorney in both states prior to deciding what to do next.
Q: Divorce after 12 years of marriage and my spouse has cheated on me.
A: Nevada is a no-fault divorce state, meaning that marital fault is not considered by the Court, except in very limited circumstances, when the Court determines division of community property/debt and alimony. Unless a court order or marital settlement agreement between the parties specifically states, alimony will still be available to the cheating spouse assuming he/she would otherwise qualify.
Q: I was a single father who raised two boys who are now adult. Mother never paid required child support. I didn’t “go after” her back then because it would have put boys in the middle of a war I didn’t want them to experience, and I was able to support them at the time without the meager $325/month she had to pay. Now I am semi-retired and could use the $41,000 she owes me. Can I collect at this date?
A: Assuming the child support order is valid, there is no statute of limitations on the collection of past due child support. She may have some equitable defenses to enforcement, but the presumption will be that she has to pay. I would recommend taking your order to the family support division of the DA’s office and seeing if they will assist in collection efforts. If not, you can retain private counsel to purse collection for you.
Q:I’m married with 2 children, my husband has a child from a previous relationship. The ex is being very invasive. She’s contacting our family and friends trying to find any dirt she can to cause problems. She’s getting into my marriage and questioning the child about everything that happens in my home. There is an existing custody agreement and behavior order stating she is not to contact friends and family and not to be questioning the child. She is also accusing us of child abuse.
A: Your husband can file a motion to have her held in contempt for violating the court order. You will need to provide some proof up front of the violations, such as statements from individuals that she is contacting in violation of the court’s behavioral order. If she is found to be in contempt of court, the court can penalize her with fines and/or jail time.
Q: I had a baby 7 years ago. Not sure on the dad – could be 3 different men. No dad listed on birth certificate and no dad was ever involved with raising my son. I’m now married and my husband wants to adopt.
I heard you need to send notice or get consent of the real dad. How would I do that when I don’t know who the dad is? Or do I even need to terminate any father’s parental rights first where no paternity was ever established? I just don’t know if I need to spend for an attorney to do both a termination of rights case and then an adoption or if we can just skip the termination part?
A: You will need to file a petition to terminate parental rights against “John Doe” on the grounds of abandonment and publish notice of the suit as required by statute. Once that is complete, the adoption will be relatively simple. The entire process usually takes between two and three months but is not complicated and can be handled by a competent family law attorney.